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(영문) 의정부지방법원 고양지원 2020.06.16 2019고합288
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 13, 2014, the Defendant was sentenced to a suspended sentence of two years on August 7, 2014, due to a violation of the Labor Standards Act in the Busan District Court’s Branch Branch Branch, etc., and the said judgment was finalized on November 7, 2014.

【Criminal Facts】

From August 20, 2010, the Defendant is the representative director of the Victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) located in Goyang-gu B building C in Goyang-si from August 20, 201, who exercises overall control over the overall duties of the Victim Co., Ltd., such as railroads

In managing a company as the representative director of the victim company, the defendant has business duties to prevent damage to the company due to proper claims, claims, management, etc., and the borrowing of large-scale assets, etc. from a stock company shall follow a resolution of the board of directors.

Nevertheless, on January 3, 2012, the Defendant violated the above duties and consented to the loan of KRW 3.7 billion from the FFFF GFG GF branch (hereinafter “FF branch”) in lieu of financing KRW 500 million from E, which became aware of influences in the nearest restaurant of the victim company’s office, upon the request that it lend the name of the victim company, and then, on January 5, 2012, the Defendant entered into a loan-related document, such as sealing the Defendant’s seal on the resolution of the board of directors at the FF union located in Ansan-si, Ansan-si, where there was no resolution of the board of directors regarding the above loan corresponding to borrowing of large-scale property, and then, on January 11, 2012, the Defendant implemented a loan of KRW 3.7 billion in the name of the victim company and caused the victim company to use the above loan of KRW 3.7 billion with the purchase of land to E, etc.

Accordingly, the Defendant obtained property benefits equivalent to KRW 3.7 billion from the above loans to E, etc., and suffered damages equivalent to the same amount as the victim company.

Summary of Evidence

1. Part of the defendant;

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