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(영문) 창원지방법원 2016.11.24 2016고단895
업무상배임
Text

Defendant

A Imprisonment for six months, Defendant D shall be punished by a fine of 2,00,000 won.

Defendant

D. The above fine.

Reasons

Punishment of the crime

Defendant

A, from December 12, 2008 to December 28, 2012, as the internal director of (i) the victim of (ii) the Seo-gu, Busan Metropolitan City, in substance operating the said company, and (ii) served as the managing director of (ii) the victim (i.e., the victim) who was established by himself/herself through his/her investment on September 30, 2014, and (iii) served as the representative director of the said (ii) N, and (iv) the defendant C served as the representative director of the said (iii)O.

1. Defendant A, Defendant B, and Defendant D’s joint criminal conduct violated the duty of care as a good manager to prevent company damages by operating the company. From January 1, 2009 to September 1, 2012, Defendant D, the wife of Defendant A, did not actually have worked for the company. However, Defendant D, who was the wife of Defendant A, was registered as the inside director of the said company, and was paid KRW 195,80,000 per month for 444 months in total for 44,50,000 per 444,00 won per month. The said company had the said company pay health insurance premiums of KRW 4,673,640 to the National Health Insurance Corporation.

As a result, Defendant A and Defendant B violated their occupational duties, Defendant D, in collusion with the above corporations, acquired a total of KRW 200,473,640, and caused property damage equivalent to the same amount to the above corporations.

2. Defendant A, Defendant C, and Defendant E’s joint criminal conduct in violation of the above occupational duties, and on September 30, 2014, Defendant E, who was one’s own third village, did not actually worked at (O)O, the said company’s joint criminal conduct provided that KRW 3,00,000 shall be paid for October after the company’s registration as an internal director.

As a result, Defendant A and Defendant C violated their occupational duties, Defendant E acquired property benefits equivalent to KRW 3,00,000 in collusion with the above corporations, and caused property damage equivalent to the same amount to the above corporations.

3. The co-principal of Defendant A, Defendant C, and Defendant F.

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