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Reasons
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(영문) 전주지방법원 남원지원 2014.05.20 2014고정18
업무상배임
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 3, 2013, the Defendant, along with C and D, established the Victim E Co., Ltd., Ltd., Ltd., Ltd., located in the Jeon Chang-gun, Jeon Chang-gun, Ma, and C and D, invested the company’s operating funds, and the Defendant paid KRW 15 million to C and D on April 9, 2013, when he spent KRW 15 million from the company’s funds, he/she immediately concluded a machinery contract and purchased machinery and equipment, and received KRW 15 million from D on April 11, 2013 as the purchase price for the horse, which is the manufacturing machine.

On April 12, 2013, the Defendant continued to pay KRW 15 million in cash for the remainder of the purchase price of a horse from H’s house located in G in Ulsan-gun, Ulsan-gun, Ulsan-gun.

Since the defendant purchased the above horses with the funds of the victim company, he had a duty to manage the horses, and to produce the horses using them.

Nevertheless, if the Defendant, in violation of his duties, paid the horse price to H and then lent the 10 million won to H from the tin to the Ha, then the Defendant will pay the horse price up to the date of delivery.

“...........” The Defendant’s personal loan of KRW 10 million was arbitrarily borrowed from H, and the Defendant’s personal loan of KRW 10 million was established.

Accordingly, the defendant acquired property benefits equivalent to KRW 10 million, and the victim suffered damages equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police statement made to D and H;

1. Judgment on the argument of the defendant and his/her defense counsel

1. The summary of the argument is that the Defendant paid the horse price to H, and at the same time lent the horse price of KRW 10,000,000 to H, the Defendant merely set the maturity of KRW 10,00,000 when the Defendant released the horse from H, and the Defendant offered the horse as security for the loan to H.

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