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(영문) 수원지방법원 안양지원 2010.12.15 2010고단1401
업무상배임 등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From December 2, 2007, the Defendant, as the representative director of D Limited Company (SPC) established for the purpose of the business of acquiring and managing only one of the loan principal from “C” and repaying the above loan principal with the profits accrued therefrom, took overall control of the management of only one of the special purpose corporations (SPC), and the business of performing the above loan obligations with the profits accrued therefrom.

1. The Defendant in occupational breach of trust, as the above D representative director, provided only the one owned by D for the victim Korea Securities Finance Co., Ltd. which acquired the above loans as collateral for transfer, and there was a duty to maintain the security value in good faith by maintaining the livestock insurance contract concluded between LIG damage insurance and the above victim company in accordance with the joint venture agreement with LIG damage insurance around January 208.

Nevertheless, the Defendant violated this and arbitrarily terminated the above livestock insurance contract at the D office located in Seocho-gu Seoul Metropolitan Government on July 29, 2009, and thus, did not receive nine million won of the insurance money for the 40 million won of the death of Korea during the period from August 2009 to November 20 of the same year.

After all, the defendant had the above LIG damage insurance gain profit equivalent to the above insurance amount, and caused the damage to the injured company equivalent to the same amount.

2. The contractor and the insured of the above livestock insurance contract for occupational embezzlement are the joint names of D and Gyeonggi-do, and around January 28, 2008, Gyeonggi-do, a party to the above joint agreement, paid 220,059,600 won of insurance premium to be paid by D, which is another party to the above joint agreement, around January 28, 2008, and even though the defendant testified that the contract should not be arbitrarily terminated from Gyeonggi-do prior to the termination of the contract, the defendant is from the LIG damage insurance at the time of termination of the insurance contract as above.

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