beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged was a person who worked as the representative director of the victim D Co., Ltd. D in the Full-gu Seoul Special Metropolitan City from February 5, 2014 to March 23, 2015, and, in determining the major policies on the management of the victim and taking overall charge of the affairs concerning the execution of the fund, the defendant had a duty to not use the property of the victim company for personal purposes.
Nevertheless, on January 8, 2015, the Defendant issued a promissory note of KRW 30 million at a face value of KRW 80 million in the name of the victim company to secure the Defendant’s claim against the Defendant borrowed from G on August 23, 2013, which was before the Defendant worked as the representative director of the victim company, and the claim of KRW 50 million in face value at the victim company’s name.
As such, the Defendant, as a representative director, issued a promissory note with respect to the Defendant’s personal debt of KRW 30 million in the name of the company, thereby obtaining pecuniary benefits from G in an amount equivalent to KRW 30 million, and suffered pecuniary loss from the victim company in the same amount.
2. Defendant’s assertion and judgment
A. On January 8, 2015, as indicated in the summary of the argument, a promissory note with a face value of KRW 80 million in the name of the victim corporation D (hereinafter “victim”) (hereinafter “the instant promissory note”) is issued. However, on August 23, 2013, the underlying obligation of the said promissory note is not a personal loan obligation of the Defendant from G, but a new loan obligation for operating funds of the victim company on June 5, 2014, because it is not a personal loan obligation of the Defendant, it cannot be deemed as a breach of trust against the victim company. The intent of breach of trust is intended to acquire unlawful profits.
shall not be deemed to exist.
B. According to the records, the following basic facts can be acknowledged.
① On August 23, 2013, the Defendant borrowed KRW 30 million from G, and in addition, on March 18, 2014.