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(영문) 서울중앙지방법원 2014.06.13 2013고합1395
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

The defendant from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is a director of the Victim F Co., Ltd. (hereinafter referred to as “victim”) from September 1, 2010 to September 7, 2010, a person who served as the respective representative director of the said company from September 7, 2010 to February 28, 201, and Defendant B is a person who served as a victim company director from September 1, 201 to February 28, 201.

Defendant

A As the representative director of the victim company and the defendant B as the director of the victim company, in issuing promissory notes under the name of the victim company, they shall issue them as normal means of payment related to the business affairs of the company in accordance with the articles of incorporation and the resolution of the board of directors, and shall not cause property damage to the victim company due to the issuance of such promissory notes for personal repayment

1. In collusion with the Defendants, on September 15, 2010, Defendant A violated the above occupational duties at the office of H Co., Ltd. (hereinafter “H”) located in Seocho-gu Seoul Metropolitan Government Building 420, and the Defendants signed and sealed the said promissory note as a director of the victim company, with I, J, etc., in order to guarantee the repayment of KRW 2.5 billion, I borrowed from J in the process of acquiring the victim company from K along with I, J, etc., with the said company acquisition fund and paid to K. In order to guarantee the payment of KRW 2.5 billion, I, the principal owner of the fund, as the addressee, shall be the issuer: F, face value 3.7 billion won.

As a result, the Defendants conspired in violation of their duties and issued one promissory note with a face value of KRW 3.7 billion in the name of the victim company for a purpose unrelated to the business affairs of the victim company, thereby obtaining financial benefits equivalent to KRW 3.7 billion in the name of H, and at the same time causing financial damage equivalent to the same amount to the victim company.

2. The sole criminal conduct of Defendant A;

A. Defendant A, who was issued a promissory note as of September 14, 2010, is located on September 14, 2010 in Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul.

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