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(영문) 부산지방법원 2010.08.10 2010고합73
특정경제범죄가중처벌등에관한법률위반(배임) 등
Text

Defendant

B and C shall be punished by a fine of KRW 3,000,000.

Defendant

B and C fail to pay the above fines.

Reasons

Punishment of the crime

Defendant

B is the representative director of M Co., Ltd. (hereinafter referred to as "M"), an asset management company that manages funds of a private equity fund, and at the same time, from the beginning of April 2008 to the beginning of April 2008, N Co., Ltd. (hereinafter referred to as "N").

On the other hand, the defendant C is a N's director who sent M to N in order to supervise the financial status of M in the N acquisition process from August 2007, and to coordinate various business status.

Since all of the above Defendants are N directors, they shall faithfully perform their duties for N, and endeavor to maintain the soundness of N's assets to the maximum extent possible, and in the process, they shall perform their duties with due care as a good manager so that the interests of N, minority shareholders and creditors can be protected to the maximum extent. A.

From June 108 to March 26, 2009, the Defendants, who used the corporate card, had been aware of the fact that the N’s market share has continuously decreased and that the corporate financial situation is not good, conspired to use the N’s corporate card which was in the custody of business voluntarily for the personal purpose. On June 2008, Defendant C issued the N’s corporate card to Defendant B, and Defendant B used the N’s corporate card to use it voluntarily for personal purpose in the “O located in Busan Shipping Daegu, Busan, on January 23, 2009” in the “O” entertainment drinking house located in Busan, Busan, and used 2.18,00 won for the above corporate card for the following personal purpose: (a) from June 10, 2008 to June 26, 2009 to make use of the N’s corporate card as indicated in the attached list of crimes; and (b) subsequently, (c) made use of the overseas golf club or overseas golf club used for personal purpose.

B. On January 2009, the Defendants purchased a corporate bank flag card with the NJ’s corporate funds, which were kept in custody as a patrol officer, and conspired to use it for personal purposes.

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