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(영문) 부산지방법원 2017.10.18 2017고정688
업무상배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant and D are the representative director of the automobile maintenance business (ju) F in the Geum-gu, Busan, and G is the internal director of the F in-house, and G is the person (ju) who actually operates the F from December 10, 2014 to September 14, 2015.

Defendant, D, and G established the FF on December 10, 2014, the Defendant and D invested each cash of KRW 250 million, and KRW 400 million in cash in G (H) and the G (H) operated the FF by an agreement to invest the automobile maintenance machinery equivalent to KRW 200 million in kind and operate the KF, while the Defendant and D dismissed the G on September 14, 2015, with a view to finding that their shares are more than G, the Defendant and D were in the process of filing a lawsuit for demanding the performance of claims under the name of shares with Defendant and D in order to recover the operating right.

In addition, G, at the time, G, in relation to the automobile maintenance machinery of KRW 200 million invested by G in kind, G, the Busan High District Court 2014Na 7957 (hereinafter “instant claim for extradition of movable property”), was in progress against G, and if I won, it was favorable for the Defendant and D to secure management rights.

Defendant and D, as the representative director of F (State), have the duty of due care as a good manager upon delegation to F, and have the duty of faithfully performing duties for the company's black management.

On September 14, 2015, the Defendant and D violated the foregoing duties, and drafted a fair certificate stating that the Defendant and D shall jointly and severally pay KRW 400 million to I for the purpose of securing the management rights of I and D in K in law firms located in Busan-gu, Busan-do, Busan-do, for the purpose of securing the management rights of I and D, under the condition that I continue to file a claim for the extradition of the instant movable property that I had been going against G.

As such, the Defendant, in collusion with D, shall cause the I to obtain pecuniary advantage by causing the I to bear the obligation equivalent to KRW 400 million against D and to F.

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