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Reasons
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(영문) 대전지방법원 2013.04.24 2012고정2157
업무상배임
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

As the chairperson of the victim D's clan (hereinafter "victim D's clan"), the defendant arbitrarily invested and managed the funds of the clan to the fund, and the board of directors held around April 27, 2007, decided that the defendant should terminate all the fund accounts in operation until the end of June of the same year and deposit them in financial institutions in order to secure the safe deposit of the clan property. As such, the defendant had a duty not to invest in the fund with the property of the clan for the safe management of the clan assets.

Nevertheless, on July 31, 2007, the Defendant violated the above occupational duties and invested KRW 35,00,000,000 after opening a new fund account at the hot spring basin located in Daejeon Sung-gu, Daejeon. However, upon cancelling around March 3, 2009, the Defendant received a refund of KRW 9,949,736, and incurred damages equivalent to KRW 25,050,264 to the said victim’s clan. After opening a new account of the FF Fund, the Defendant invested KRW 5,00,000 in KRW 47,178,841 upon cancelling the contract on July 26, 2010, and paid KRW 7,821,159 to the said victim’s clans equivalent to KRW 70,000,00,000 after opening a new account, and then revoked the said clan’s total amount of KRW 35,000,00,00,000,000.

Summary of Evidence

1. Entry of the accused in each part of the trial records first and second times;

1. Each statement made by H, I and J in the second trial records;

1. A copy of the minutes of the ordinary general meeting of the clan ( January 23, 2010);

1. The defendant's assertion and judgment as to a copy of the meeting minutes of the board of directors (as of April 27, 2007) were an investment for the victim's clan, and therefore, the defendant did not have an intention of breach of trust

According to the evidence duly adopted and examined by this Court, including the above evidence, the victim clan council held on April 27, 2007.

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