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(영문) 서울중앙지방법원 2012.07.20 2012고단871
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who served as the representative director of (ju) D from October 26, 2007 to October 26, 2010 and has been engaged in the management of the said company.

The Defendant, around early July 2008, recommended 10 investors, such as F, to make investments in G real estate at the above victim company office located in Seocho-gu Seoul Metropolitan Government, and received approximately KRW 1.5 billion investment from the above investors to a new bank account (Account Number H) in the name of the victimized company. As such, the Defendant, as the representative director of the above company, had a duty to properly use and manage the said investment in relation to the management of the company and to prevent any loss of the company’s property.

Nevertheless, the Defendant, separate from the above victim company, operated the Korea Real Estate Auction Investment Corporation (State), while operating the Korea Real Estate Investment Corporation (State), there was no special business profit, and the “K” written indictment that invested in the above company auction business is a clerical error in the J, and thus, it is difficult to recover the amount of the damaged company’s funds even if it is lent to I because it is difficult to repay the amount equivalent to KRW 445,052,50,00,000 to six investors, such as correction, etc., due to financial difficulties, such as returning the total amount of the principal and the profits of the investment, and thus, it is not possible to recover the amount of the damaged company’s funds even if it is lent to I., by being aware of the fact that it is in violation of his duties, and thus, in sum, KRW 350,000,000 won on August 13, 200 and KRW 222,50,000,000,000 to I without any security.

As a result, the Defendant (State) obtained a loan amounting to KRW 194,860,00,000 from the Defendant and suffered a property loss equivalent to the same amount from the said victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement concerning F;

1. An agreement on joint investment in real estate;

1. An agreement on joint investment in real estate;

1. Full certificate of the matters to be registered;

1. A copy of a detailed statement of entry and withdrawal;

1. A copy of the I’s register;

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