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(영문) 부산지방법원 동부지원 2014.03.25 2014고단126
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to five months of imprisonment for embezzlement at the Busan District Court, and the above judgment became final and conclusive on November 20, 2012.

The Defendant, as the representative director of the Victim D Co., Ltd., a cement manufacturing company, located in Busan C, was in overall control over the business of the Victim Co., Ltd from April 1, 2009 to February 29, 2012.

The property of the victim company should be used in accordance with the purpose of the establishment of the company, such as ready-mixed and cement manufacturing, and even if it is lent or invested to a third party to create profits, there was a duty to verify the debtor's credit standing and the source of the loan, to comprehensively examine the possibility of recovery such as being provided with sufficient collateral, and to make the loan principal and interest repaid to the

1. On June 24, 2010, the Defendant: (a) arbitrarily lent KRW 20 million to F, who operates an Internet broadcasting company called E, without the resolution of the board of directors on the ground of personal friendship, without the resolution of the board of directors on the ground of personal friendship; (b) thereby making it difficult to recover the amount; and (c) obtained pecuniary benefits equivalent to the above amount from the victim company; and (d) inflicted pecuniary loss on the victim company.

2. On July 23, 2010, the Defendant arbitrarily lent KRW 100 million to H, who operates the Investment Development Company G, on the ground of personal friendship, without obtaining a resolution of the board of directors on the ground of his/her personal friendship. On August 23, 2010, the Defendant lent KRW 100 million to H to make it difficult to recover it by lending KRW 100 million to H to make it difficult to collect it, thereby obtaining pecuniary benefits equivalent to the above amount and causing property damage to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Investigation report (to be attached to materials submitted by a suspect);

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes to report an investigation (report attached to a judgment);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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