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(영문) 인천지방법원 2012.10.26 2012고정2868
업무상배임등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, from October 26, 2001 to June 30, 2008, operated the Company C with the Company C, from January 12, 2006 to June 30, 2008, and from June 30, 2008, from around KRW 600,000 to around KRW 600,00,00, the Defendant suffered losses from the supply of a charnel E-house computer system in Gyeonggi-do, due to the failure to recover the claim, thereby increasing the liabilities of C and (State). Although the above two companies were operated separately as a separate corporation, the Defendant did not separately arrange accounts for the obligations and obligations among the two companies, and eventually closed the above two companies around June 30, 2008.

The defendant is the representative director of the victim (state)D (hereinafter referred to as the "victim company"), when the victim is jointly and severally guaranteed for another company, the company has a chronic deficit of loss or debt amount so that it is not already lost its ability to repay its debts due to poor financial structure due to cumulative loss or debt amount, etc.; when it is jointly and severally guaranteed, the company has a duty to exercise appropriate power of representation through a resolution of the board of directors or the general meeting of shareholders.

Nevertheless, on February 27, 2008, the defendant has already lost the ability to repay the debt due to the poor financial structure of C due to its chronic deficit, and eventually predicted that it would be caused by the closure of the business, and on February 27, 2008, it was impossible for C to discontinue the business in violation of its duty and without the resolution of the board of directors or the general meeting of shareholders of the victim company for the repayment of the loan to C at the corporate banking digital complex located in Guro-gu Seoul Metropolitan Government, Guro-gu, Seoul Metropolitan Government, the victim company entered into a joint and several guarantee contract with the content of joint and several liability for the debt amounting to approximately KRW 80 million to C's corporate bank. Accordingly, the victim company acquired property profits equivalent to KRW 80 million by winning the real estate owned by C, and

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