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(영문) 서울서부지방법원 2014.12.11 2014고단1625
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while working as the former business of C Co., Ltd. (hereinafter “C”) aimed at providing business consulting services, received D’s management consulting request from E, a real manager of D Co., Ltd. (hereinafter “D”) for the purpose of artificial fishery from November 10, 2012, and received D’s management consulting on D’s management status and made management improvement for D’s management improvement, not by taking measures, but by taking over D’s shares with approximately KRW 30 million liabilities and KRW 100 million, and decided to directly manage D’s shares.

On December 5, 2012, the Defendant accepted D’s shares from E, taken office as the representative director of D, and thereafter, the Defendant received the total amount of KRW 60 million from E, KRW 30 million on February 7, 2013, KRW 30 million on February 7, 2013, and KRW 93 million on April 3, 2013, and kept D for business purposes. Accordingly, the Defendant had a duty to manage the Company’s funds by fulfilling its duty of care in accordance with the good faith principle, in accordance with the good faith principle.

On December 5, 2012, the Defendant violated the above occupational duties at C Office 1902, Seocho-gu Seoul Metropolitan Government F Building 1902, and the fact that D did not receive management consulting from C, even though D did not have received management consulting from D, the Defendant paid D funds of KRW 33 million as management consulting fees to C, which the Defendant had been in his/her former office, obtained pecuniary benefits equivalent to KRW 33 million to C, and caused property damage equivalent to the same amount to D.

In addition, the Defendant, on December 13, 2012, lent to C the sum of KRW 20.5 million, including KRW 1 million, KRW 6.5 million on January 4, 2013, KRW 3 million on February 8, 2013, and KRW 20.5 million on February 8, 2013, without obtaining security or having agreed on the period of repayment and interest, thereby gaining pecuniary benefits equivalent to KRW 20.5 million on a loan to C, and thereby causing property damage equivalent to the same amount to D.

Accordingly, the defendant, as the representative director of D, has acquired financial benefits equivalent to KRW 53,500,000 from C in violation of his duties, and has acquired financial losses equivalent to the same amount to D.

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