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(영문) 광주지방법원 장흥지원 2015.07.16 2015고정6
업무상배임
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the victim limited liability company D, which is established for the pension construction business, and the defendant's husband E is the director of the victim company, who actually operates the victim company.

The victim company shall be the company in which the defendant, the assistantF of the defendant has invested each 2,500 accounts, G 2,00 accounts, E and H respectively, and according to the articles of incorporation of the company, the representative director shall notify each member of the meeting and the purpose of the meeting at least five days prior to the date set for the meeting, and the resolution at a general meeting of members shall be adopted with the attendance of the members with at least a majority of the voting rights of the total members and with the consent of the majority of the members present.

Nevertheless, on December 2012, the Defendant and E: (a) violated the occupational duty that ought to obtain benefits corresponding thereto from the victim company in the event of offering the victim company’s property to another person as security; (b) in light of the fact that G died on or around August 2011, he knowingly sent a written notice of convening a general meeting of members to the deceased G, thereby excluding G’s heir and H; (c) holding a general meeting of members; and (d) holding a meeting of members without obtaining any benefits from the victim company to provide the victim company’s fraud as security to the above I’s creditors.

On December 28, 2012, the Defendant prepared documents related to the establishment of a collateral security, such as a written contract to establish a collateral security with a maximum amount of 14 million won, debtor I, and mortgagee K, on the real estate in this case, at the office of a non-certified judicial scrivener located in the Seoul Special Self-Governing Province on December 28, 2012, and made the employees of the above non-indicted submit the above documents to the Mayor of the Gwangju District Court on December 31, 2012.

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