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(영문) 의정부지방법원 고양지원 2019.06.21 2018고단579
업무상배임등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From March 198 to April 3, 2016, the Defendant, as the representative director of the victim C Co., Ltd. for the purpose of manufacturing the steel products tank in Kimpo-si B, Kimpo-si, was engaged in overall management of the company’s business and management of the company’s funds.

1. The representative director of occupational breach of trust has a duty to take necessary measures to collect claims, such as taking necessary procedures, such as resolution of the board of directors, and receiving collateral, in order to provide company's real estate as collateral or lend company's funds to others

Nevertheless, on July 21, 201, the Defendant violated his duties and borrowed KRW 500 million from D Bank's land as security from D Bank's office, and borrowed KRW 200 million from D Bank's loan to the KCAF established by the Defendant, thereby acquiring the above KRW 200 million property profits and causing damages equivalent to the same amount to the victims, as shown in attached Table 1, 209,925,000 won at two times as shown in attached Table 1.

2. Around July 23, 2012, the Defendant: (a) was in the custody of the victim’s corporate funds in the victim’s office, and (b) was, on the same day, remitted KRW 4 million to the G bank account in the name of the Fund in the name of the victim to the G bank account; and (c) was arbitrarily used as the interest payment for the loan of the Fund in the name of the LAF; and (d) was embezzled by arbitrarily using KRW 138,604,234 over 18 times from around that time to May 8, 2015, as shown in attached Table 2 of Crimes

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Details of transactions, detailed statement of passbooks, and each deposit certificate;

1. Details of use of down payment of KRW 70 million, intermediate payment of KRW 1.7 billion;

1. A certified copy of the register;

1. Application of Acts and subordinate statutes of one copy of additional materials for reference;

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;

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