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(영문) 전주지방법원 2015.04.03 2013고단208
업무상배임
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by imprisonment of two years and six months, respectively.

However, as to Defendant A, the same shall apply.

Reasons

Punishment of the crime

Defendant

B On December 6, 2012, the Jeonju District Court sentenced imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a crime of injury by collective weapon, etc.) and on April 20, 2013, which became final and conclusive on April 20, 2013.

Defendant A, “2013 Highest 208” from August 2003 to June 2012, 2012, the written indictment for Defendant G Co., Ltd. (hereinafter “victim”) located in the former Jinan-gun, Jinan-gun, Jinan-gun, stated in the dispute resolution council. However, it is obvious that it is a clerical error and does not seem to be detrimental to the Defendants’ exercise of their defense rights, and thus, it is corrected ex officio without changing the written indictment.

A person who works as a representative director and has the final right to remain final in all affairs, such as finance and personnel management, while Defendant B served as the managing director of the victimized company from July 15, 2003 to June 21, 2012, and has overall control over the representative director and the overall affairs.

1. Defendants A related to the offering of promissory notes by the Defendants are the representative director of the victimized company, who has a name and seal, and is ultimately liable for the issuance of promissory notes. Defendant B is a person in charge of financial management, such as the issuance of promissory notes, while keeping the books of promissory notes in custody.

Since the injured company did not issue a promissory note for the purpose other than the payment of the bus mutual aid premium, the Defendants are not obligated to issue a promissory note for personal debt guarantee that is not related to the victimized company.

Nevertheless, around June 2010, Defendant B presented two copies of the Promissory Notes (H and I) to A, which were kept by Defendant B, stating that “B may issue the Promissory Notes to the extent that the obligee of his personal credit demands the collateral and offer them as collateral. It is not possible to distribute the Promissory Notes but to offer them as collateral.” The Defendant A presents two copies of the Promissory Notes to A, which were kept by Defendant B.

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