logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2018.07.06 2017고단640
업무상배임
Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months.

However, the defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative director of the victim FF corporation located in Ansan-si from January 21, 2008 to January 20, 201, and from March 13, 2014 to June 23, 2016 (hereinafter “victim F corporation”) and has been engaged in overall management of the funds of the victimized company, and Defendant B is between Defendant A, G, and mother and child.

In order for lineal ascendants and descendants of a director of a company with only one director to make a transaction with the company on his/her own account, the general meeting of shareholders shall, in advance, clarify important matters concerning the relevant transaction and obtain a resolution of the general meeting of shareholders by not less than 2/3

Defendant

B, in a lawsuit seeking division of shares of contribution and inherited property claimed by G, May 3, 2016, the facts charged in the facts charged in 2,384 against Defendant B, and 4,768, among shares issued by the said company, are “4,786 shares,” but such alteration is recognized to the extent that it does not pose a substantial disadvantage to the exercise of the Defendant’s right to defense.

When the decision became final and conclusive on the content that “the company is reverted to G,” the Defendants were willing to transfer the money of the damaged company to Defendant B’s account without obtaining a resolution of the general meeting of shareholders of the victimized company and providing sufficient collateral.

Defendant

A, as the representative director of a victimized company, was subject to the resolution of the general meeting of shareholders in accordance with the procedures prescribed in the Commercial Act, and there were duties to handle the affairs of the victimized company, such as having lineal ascendants and descendants make transactions with the company on their own account, but on May 19, 2016, partially revised the facts charged to the extent that it does not infringe upon the Defendants’ defense rights through attorney H without obtaining approval of the general meeting of shareholders

Defendant

B along with B, “A” shall lend KRW 100 million to B for the purpose of supporting the living fund of B until the shareholder B pays dividends to B.

The grace period of interest-free loans of KRW 100 million shall be the same.

arrow