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(영문) 서울중앙지방법원 2014.04.17 2013고단3654
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is expected to sell the shares of D Development to the high price of D Development because it is inevitable for H Development Co., Ltd. (hereinafter “H Development”) to purchase the shares of D Development in order to facilitate the exercise of management rights, while the shareholders and auditors of E Co., Ltd. (hereinafter “D Development”) and the representative directors of D Development Co., Ltd. (hereinafter “victim Co., Ltd”) who are operating companies that manage D Development Co., Ltd. (hereinafter “D Development”) vicariously, are operating companies that manage D Development Co., Ltd. (hereinafter “D Development”) to sell the shares of D Development Co., Ltd. (hereinafter “victim Co., Ltd.).

In such a case, G, who is engaged in the business of selling the shares of the victim company, has an occupational duty to sell the shares of D&D owned by the victim company at an appropriate price. However, G, a person affiliated with G high school, becomes the transferee of the above shares after lending the purchase price of the shares to the defendant as security of deposit claims against the agricultural cooperative of the victim company, and then again, it is called that the transferee of the above shares will repay the purchase price of the shares borrowed from the third party and return the proceeds from the sale, and the defendant committed the following crimes after consenting to this.

On May 23, 2007, the Defendant purchased 3,000 common shares of D Development from the victim company at the victim company's office located in Jung-gu Seoul, Seoul, by designating 197,050 won per share as 591,150,000 won per share. On November 8, 2007, the Defendant again sold 3,000 shares of H Development 338,000 shares per share purchased by the Defendant at KRW 338,000 per share.

As a result, the Defendant, in collusion with G, obtained economic benefits equivalent to KRW 422,850,00 by delivering to G the profit margins of D development 3,000 shares purchased from the victim company in the name of the Defendant in violation of his/her occupational duties ( KRW 1,014,00,000 - KRW 591,150,000).

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