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(영문) 서울남부지방법원 2020.10.08 2020고정880
업무상배임
Text

Defendants shall be punished by fine for negligence of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the Victim C Co., Ltd. (hereinafter “victim”) who is in charge of the overall business of the company, and Defendant B is a director of the above company who is in charge of the management support center and assist the representative director and received a request for a loan from D, a major shareholder of the above company. In such a case, the Defendants, as the Defendants used a high interest rate loan from financial institutions due to financial difficulties in the financial situation of the victimized company, and thus, the Defendants, as they used a high interest rate loan from financial institutions, should not cause damage to the victimized company at a higher rate than the above interest rate, despite the fact that there was a business duty to make a loan to the damaged company at a higher rate than the above interest rate,

1. On May 18, 2015, at the office of a victimized company located in Guro-gu Seoul Metropolitan Government E-building, lending gold KRW 100 million to D from the F Bank Mump Loan Account in the name of the victimized company to D at an annual interest rate of more than 13.59%, which is much lower than the financing interest rate of the victimized company (one year for the lending period), thereby obtaining pecuniary benefits equivalent to the difference in the relevant interest rate, and thereby causing a property damage equivalent to the same amount to the victimized company;

2. On April 1, 2016, from the G Bank Masp Loan Account in the name of the victimized company, D lend a gold of KRW 50 million to D at an interest rate of KRW 6% per annum which is much shorter than that of the financing interest rate of the victimized company (one year for the lending period) and thereby, obtain pecuniary benefits equivalent to the difference in the interest rate, and thereby, thereby causing pecuniary damages equivalent to the same amount to the victimized company;

3. On August 8, 2016, at the above victim company’s office, it lends gold KRW 50 million to D from the G Bank Masp Loan Account under the name of the victim company to D at an interest rate of 6% per annum much shorter than that of 9.54%, which is the financing interest rate of the victimized company (one year for the lending period), thereby obtaining pecuniary benefits equivalent to the difference in the interest rate, and this is thereby.

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