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(영문) 전주지방법원 2015.01.29 2013고단2671
업무상배임
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by imprisonment with prison labor for four months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A was the chairperson of H clan, the defendant C, and D were the former directors of each of the above clans.

Defendant

A, C, and D, around April 29, 201, concluded a sales contract with the owner of K, and the instant real estate, on behalf of the said clan at the Dobong-dong branch of the Jeondong-dong Seoul Special Metropolitan City, the 76,264m2 and 603m2 before J, on behalf of the said clan (hereinafter “instant real estate”).

Defendant

A, C, and D had a duty to negotiate at an appropriate price for the interest of the clan and properly preserve the clan properties by implementing a sale and purchase contract. Although the value of the usual value of the instant real estate had already been negotiated with the above K, it would have been 15,000 won, it would have been 362,321,000 won for the purchase price and would have been refunded the difference of 35,000 won, as if it had been 15,500 won for the purchase of the instant real estate. However, K failed to perform this duty.

As a result, Defendant A, C, and D conspired in violation of their duties, thereby obtaining K property benefits equivalent to KRW 35,00,000 by negotiating the purchase price, and thereby causing property damage equivalent to the same amount as the above clan.

Summary of Evidence

1. Defendants’ respective legal statements (the Defendant A part)

1. Each legal statement of witness C, D, K, L, and M;

1. Partial suspect examination protocol of Defendant A by the prosecution;

1. Examination protocol of suspect D by the prosecution (including the defendant C and part of the statement);

1. Each police protocol of statement of M, K (part), and L;

1. Each written confirmation of the defendant A and D;

1. Written statements D and C;

1. A complaint;

1. Articles of association, complaint, judgment, meeting minutes of the board of directors (in the face of 79, No. 81 of investigation records), copy of the decision recommending the settlement, and details of deposit in the statutes;

1. Relevant provisions of the Criminal Act and the choice of punishment (the defendant A, C, and D) concerning the facts constituting an offense, and Articles 356, 355 (2), and 30 of the Criminal Act shall apply.

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