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(영문) 춘천지방법원 원주지원 2015.12.10 2015고합90
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant entered into a business partnership agreement with E around April 2008 for the purpose of manufacturing and selling cement products processed and processed, and then registered E as the representative director. A person who actually takes charge of the management of funds and the management of the company by the time of default on payment on December 2013.

1. Violation of the Act on the Aggravated Punishment of Specific Economic Crimes;

A. The Defendant in breach of trust related to the issuance of bills to F is obligated to manage the assets of the victim company with the care of a good manager in managing funds and operating the company as an operator of the victim company.

However, on April 10, 2010, the Defendant issued one promissory note of KRW 60,011,30 from the face value to F Co., Ltd., Ltd., Ltd., a business partner by discounting bills at the office of the victim company located in G at the original city, and paid KRW 60,01,300 out of the face value to F, in order to use them as funds needed by the Defendant.

Accordingly, the defendant and the FF obtained property benefits equivalent to 60,01,300 won from the defendant and the F, and suffered property damage equivalent to the same amount from the victim company.

B. The Defendant, as an operator of the victim company, has a duty to manage the property of the company with due care as a good manager in managing funds and operating the company as an administrator of the victim company.

However, on May 21, 2012, the Defendant violated his duties and offered as security the check number by issuing a check number of KRW 500 million in the amount of KRW 500 million from the representative I of the J Co., Ltd. at the above victim’s office by borrowing KRW 500 million individually from the representative I at the above victim’s office, and 303 million for personal purposes, such as L Co., Ltd. operated separately by

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