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The defendant shall be innocent.
Reasons
1. In the facts charged, the Defendant is the director and the president of the Trade Union and Labor Relations Division of C Co., Ltd. (the representative director D; hereinafter “instant company”) for the purpose of manufacturing and selling motor vehicle parts located B in Asan.
On September 7, 2012, the director E and F of the instant company provided 58.28% of the shares of the instant company held by them as collateral to G bank, and received loans of 2.5 billion won, and failed to repay the amount of KRW 1.2 billion. Around September 2009, G bank notified that it would dispose of the said shares by public auction unless the said loans are repaid by June 7, 2012.
around June 6, 2012, the Defendant, E, F, and H and outside directors of the instant company held an emergency board of directors at the meeting room of the instant company and opposed to the method that employees purchase 58.28% of the shares of the instant company offered as security and prevent third parties from acquiring shares, as representative directors, and appointed F as the new representative director, and the labor union members decided to find out the shares of the instant company in error by making loans to the union members in our company’s private interest.
On June 6, 2012, the Defendant, along with E, F, H and outside director I of the instant company, opened a key repair hole to the representative director office of the instant company, and entered the office where the victimized person is in charge of managing the said key, and opened the said office, and thereafter, opened two passbooks to the K Bank L account in the name of the J Co., Ltd. managing the damaged person, two passbooks to the N Bank QU account in the name of the P and J Co., Ltd., and one passbook to the N Bank QU account in the name of the P and J Co., Ltd., and one passbook to the N Bank QU account in the name of the P and J Co., Ltd., as well as the N Bank QU account in the name of the P and J Co., Ltd.
2. Determination:
(a) “The K Bank L account in the name of J Co., Ltd.”