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(영문) 대구지방법원 서부지원 2013.11.21 2012고합130
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is as follows: (a) between November 18, 200 and July 2008, the Defendant served as the representative director of the Victim D Co., Ltd., engaging in the manufacture and sale of automobile-resistant recreation in Daegu-gu C from November 18, 200 to July 1, 2008, and managed the said company.

After November 2007, the injured company was operated by E (F: the representative director) after investing the cost of purchase of materials from E (F) etc. on or around July 30, 2008. At the time of closure, the injured company voluntarily closed its business on or around July 30, 2008. At the time of closure of its business, approximately KRW 1.2 billion is not in excess of its obligations, including that J, K, K, L, M, N,O, P, Q, Q, R, and S are liable for the amount of KRW 600 million. However, the injured company owned the sales claim amounting to KRW 941,150,00 for T (U) with respect to the amount of KRW 941,50,000 for the amount of KRW 17,500 for the amount of goods supplied (the unit price for each purchase: approximately KRW 14,500 for the amount of goods sold to V (representative).

However, on July 30, 2008, immediately before the closure of business, the Defendant confirmed the false content that the victim company bears approximately KRW 1,144,700,000 for the goods payment obligation to V, and entered into a contract for the acquisition of three-party claims and obligations that are transferred to the victim company, namely, KRW 941,150,00 for the victim company, and KRW 1,187,375,00 for the sales claim to T, and KRW 1,144,70,00 for the victim company, and KRW 1,70 for the victim company, KRW 5,00 for the victim company, and KRW 1,144,70,000 for the victim company, and KRW 1,70,00 for the victim company, Co.,V.

As such, the defendant, as the representative director of the victim company immediately before the closure of business, violates his/her duties in arranging the company's claims and obligations, and even though the victim company was actually liable for the amount of 17,850,000 won to the company, the victim company is entitled to sell its obligations to the company T with the pretext of repayment, as if it were to cause 1,14,70,000 won.

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