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(영문) 부산지방법원 2013.09.26 2012고단6830
업무상배임
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for one year.

However, this judgment is delivered against Defendant A.

Reasons

Punishment of the crime

Defendant

A was appointed as a inside director of (State)D on April 22, 2011, but on May 16, 201, the internal director was suspended from performing his duties according to the decision of provisional disposition by the Busan District Court, and Defendant B is the largest shareholder of the victimized company, and the Defendants are relatives.

On June 16, 2005, the injured company entered into a contract for transfer of business rights and purchase of real estate between the FF and (State)F that carries out a housing construction project on the land outside Busan-gu E and outside 96 lots, but was not paid money from the State F. On August 24, 2007, the Busan District Court decided on August 24, 2007 that "the Defendant F shall pay 1.227 billion won to the Plaintiff injured company," and that "the Plaintiff F shall be granted the right of possession, lien, etc. on the building on the ground of the project site in the course of implementing the said housing construction project."

On the other hand, since the incorporation registration of the corporation on March 25, 2003, Defendant B had exercised its influence as the real owner, but the damage company borrowed money from friendly G workers and transferred 15% of the shares of the damage company to G on June 10, 2008.

Defendant

B, around April 22, 2011, Defendant A proposed that “In order to resume the suspended housing construction project, the damaged company must transfer to B the claims held by the victimized company against B and the right of possession, lien, and the right of termination, etc. of the order of provisional disposition against the damaged company against the building located on the ground of the project site.” Defendant A accepted that Defendant B is the actual owner of the damaged company, and the damaged company’s assets can be resolved by passing them over to Defendant B.

However, the injured company has a claim against the F and a building on the site of the housing construction project.

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