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(영문) 서울동부지방법원 2016.06.23 2015고단3498
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the charge of forging private documents and exercising a falsified investigation document is acquitted.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage to the defendant's exercise of the defendant's right of defense, part of the facts charged was legally adopted and investigated by this court.

The Defendant, from July 2012 to February 2014, served as the representative director of the Victim D Co., Ltd. located in Gwangjin-gu Seoul Special Metropolitan City, and took overall charge of the duties of the Victim Co., Ltd.

When the defendant lends the company's funds to another person as the representative director of the victim company, he/she has a duty to closely examine whether there is no possibility of a problem in collecting loans, and to take reasonable and reasonable measures such as receiving sufficient collateral.

1. On October 8, 2012, the Defendant violated the above duties at a place where no name is known, and made it difficult to recover the amount by transferring from the new bank account (Account Number: E to the F’s account from the new bank account of the victim company to the F’s funds, without being offered any security without an agreement on interest or due date for payment.

In this respect, the Defendant obtained loan 20 million won from F and caused property damage equivalent to the same amount to the victim company.

2. From October 5, 2012 to October 1, 2010 of the same year, the Defendant received a total of KRW 300 million from investors, including G, to a new bank account (Account Number E) of the victim company. On October 10, 2012, the Defendant transferred KRW 200 million from the above account to the single bank account (Account Number: H) in the name of the Defendant. On October 10, 2012, the Defendant violated the above duties, and made it difficult to recover the amount by lending KRW 37 million to the securities account in the future of the I, which is personally-friendly on the same day without being provided with any security without any payment of interest or due date.

Accordingly, the defendant's loans to I in the amount of KRW 50 million.

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