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(영문) 서울남부지방법원 2020.05.07 2020고단11
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had a duty to manage the property of the victim company as a good manager, such as not providing a person who is not related to the business of the company with a vehicle possessed by the funds of the company in operating the above company to a person who operates the victim corporation D in Goyang-gu B and C.

1. On February 15, 2017, the Defendant in occupational breach of trust related to EXE car provided an EXE car purchased under the name of the victim company to operate it by providing the Defendant’s her her her her her her her her her her her her her her her her her her son with the payment of KRW 402,643 to the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her son.

2. On June 15, 2018, the Defendant in occupational breach of trust related to GHH car provided the Defendant with GH M3 car leased in the name of the victim company from G HH passenger car by providing the Defendant with the Defendant’s KH M3 car, and paid KRW 1,259,409 as the Defendant’s funds to the victim company at around June 15, 2018, and thereafter, up to January 2019, the Defendant provided the said J passenger car to the said J and obtained a total of KRW 13,307,959, and KRW 1,889,464 as the insurance premium for August 8, 2019, by providing the said car to the said J and having the Defendant gain property benefits equivalent to the amount of KRW 11,418,49,959 as the funds of the victim company, and suffered property damage equivalent to the victim company.

3. On July 2018, the Defendant in occupational breach of trust in relation to K rocketing rental car: (a) purchased the name of the victim company and provided it to L, who is an employee, to the said L, provide the said L with its husband M; and (b) did not relate to the victim company’s business.

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