(영문) 대전지방법원 2014.07.04 2013고단4881

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(영문) 대전지방법원 2014.07.04 2013고단4881

업무상배임

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant operated a tourism company with the trade name “C” from January 1, 1998 to December 2, 2010, and separately worked as the president of the DDR established by the Daejeon Tourism Company (hereinafter “Union”) from January 1, 2007 to June 30, 2010.

The Defendant, as the partnership borrowed money, filed a lawsuit claiming the return of the loan amounting to KRW 55 million against the partnership around January 2012, as follows, by preparing a loan certificate in the name of the partnership, and E, based on this, filed a lawsuit against the partnership.

The defendant, as the chief director of the union, violated his duty to perform the business affairs so that it does not incur any loss to the union, prepared a false loan certificate for 55 million won in the name of the union and granted E the same amount of monetary profit and suffered a property loss equivalent to the same amount of the union.

On April 15, 2008, the Defendant borrowed KRW 16 million from E in the name of operating expenses of the association, around December 21, 2007, and KRW 4 million around February 29, 2008, from E in the name of operating expenses of the association as “after borrowing KRW 10 million in the name of operating expenses of the association” from E, as the business funds of the “C,” which are personally operated by the Defendant.”

The Defendant received demand from E to pay the repayment of the loan but failed to do so under the name of the Association, and the Defendant was to prepare the loan certificate in the name of E, even though the loan was not related to the Association, the Defendant was to prepare the loan certificate in the name of E.

On April 15, 2008, the Defendant, at the Seo-gu Seoul Special Metropolitan City F Office, prepared a loan certificate with the purport that “The said amount shall be borrowed from the Association, and shall be repaid on December 30, 2008,” and affixed the official seal of “A President of the Association.”

(b) dated 25, 2009

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