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(영문) 부산지방법원 2014.04.03 2013고단8869
업무상배임
Text

Defendant

A Imprisonment with prison labor for one year, for each of 8 months, for each of 8 months, for each of 6 months, for each of 6 months.

(b).

Reasons

Punishment of the crime

The defendants are the victims of Gmun-gu, who were the directors of the board of directors. Defendant B and Defendant C were the directors of the board of directors. Defendant D was the directors of the board of directors, and Defendant D was the general director of the board of directors, who was in charge of the affairs related to the management of property and the receipt and withdrawal of funds.

Defendant

A was deposited and managed in the name of the defendant around November 2002 in cash of KRW 300 million, which is owned by the victim, around August 2003, and used KRW 300 million as collateral on the above deposit, but around November 2008, the above deposit was entirely seized and collected from the creditor on the wind of the defendant A's personal business.

In doing so, the Defendants, as an executive officer in the victim’s door, have a duty of due care as a good manager in handling the affairs related to the management of property in the door. However, around February 18, 2010, the Defendants, following a resolution of nine directors including the Defendants, made by the board of directors around February 18, 2010, made the disposal of the property in the door available by the resolution of the board of directors. On February 22, 2010, the Defendants sold the price of KRW 32,00,000,000 for 32,00,000,000,000,000 won, which is the ownership of the door, from the date of the resolution of the board of directors on June 17, 2010.

As a result, the Defendants conspired to obtain pecuniary benefits equivalent to 264,39,170 won from the above settlement amount to Defendant A, and caused the same damage in the victim’s door.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J and K;

1. Each investigation report (the sequence 12, 15 of the evidence list);

1. A complaint;

1. Application of Acts and subordinate statutes to regular copies of deposit passbooks, minutes of the board of directors, modified articles of association, sales contract, and statement of land settlement;

1. Defendants of the pertinent Article of criminal facts and the choice of punishment: Imprisonment with prison labor under Articles 356 and 355(2) of the Criminal Act.

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