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(영문) 대전지방법원 2014.07.02 2013고정2323
업무상배임
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around July 27, 2009, the Defendant drafted a written agreement with the victim C, investor D, E, and investment agreement, and determines the Defendant’s share of 30.4%, the victim C’s share of 60%, the D’s share of 5.2%, and the E’s share of 4.2%, respectively, and the Defendant entered into a partnership agreement with the operation of the Daejeon-gu Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon War Center, thereby engaging in the overall operation and management of the said center.

According to the above investment agreement, the execution related to the center's major policy or asset change shall be decided upon under the agreement of investors and the profits of the center shall be distributed in proportion to their shares. Therefore, the disposal of the center's subsidies to G head office, which is the main revenue source of the center, and in particular, the disposal of the center's subsidies to the private use for the center, which is not the operation purpose of the center, has occupational duties to be processed through an agreement with the victims in the relationship with the union. However, the defendant, around October 14, 2010, in violation of his/her duties, intended to pay the funds to the above G office located in Gangnam-gu, Gangnam-gu, Seoul, in a manner that deducts the funds to be paid to the center from the headquarters every month by borrowing personal funds from the head office, and 30 million won shall not be paid from the time of borrowing to January 2012. The funds for the operation of the center operated without the discretion of the defendant.

Accordingly, the defendant acquired property benefits equivalent to KRW 18 million and suffered damages equivalent to the same amount from the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and H;

1. Examination protocol of the accused by prosecution;

1. C Written complaint;

1. Application of Acts and subordinate statutes to an investigation report (Submission of a suspect's statement and a statement of account deposits, etc.);

1. Relevant provisions of the Criminal Act and Articles 356 and 355(2) of the Criminal Act concerning the selection of criminal facts;

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