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(영문) 청주지방법원 2016.09.27 2016고단497
업무상배임
Text

Defendant

A Imprisonment with prison labor for one year and for six months, respectively.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On December 10, 2015, Cheongju District Court sentenced 4 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on July 8, 2016.

Defendant

A around November 4, 2013, the victim (state) was established and carried out for real estate development and sale from around November 4, 2013, and Defendant B was employed as the representative director of the victimized company from around July 2, 2014.

The injured company developed the forests and fields in the petition Gu G, H and I at Cheongju-si, and decided to sell all the houses after selling them to the several parties, and received approximately KRW 1.2 billion from the several parties for sale price.

Defendant

A as the actual operator of the victim, the defendant B, as the representative director of the victimized company, should not interfere with the recovery of the claim in the future in a reasonable and reasonable manner, such as being provided with sufficient collateral, and if it is anticipated that some of the claims are impossible to recover due to lack of debt or lack of debt ability, there has been occupational duties to prevent damage to the victim by using the proceeds of sale in forest development, etc. for its original purpose, etc. in order to prevent damage to the victim, such as smooth operation of the business.

Nevertheless, in violation of the above duties, the Defendants were transferred KRW 130 million out of the funds of the victimized company being kept in custody as above to the account (L) one bank account of the J (State) in November 28, 2014 by requesting the lending of KRW 130,000,000 to obtain a guarantee insurance policy for the performance of a contract executed by the J (State) in Yan-gun, Chungcheongnam-gun, by the request of the Defendants (State).

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