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(영문) 대전지방법원 2017.01.18 2016고단41
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of D Co., Ltd. in Seosan City Co., Ltd.

The defendant has a duty to work solely for the benefit of the company, such as being provided with appropriate security, when he/she imposes a burden on the victim company, such as setting up a right to collateral on real estate owned by the victim D for another person.

Nevertheless, in violation of such occupational duties, the Defendant did not receive any security payment from the Defendant for the F Co., Ltd., the father, and did not receive any payment. On May 2, 2014, F Co., Ltd. received a loan of KRW 2.8 billion from the Central Association of Nonghyup, the Defendant created a joint collateral security payment of KRW 3.6 billion with respect to each of the land and the land owned by the Victim Co., Ltd., Ltd., and on August 25, 2014, the Defendant created a joint collateral security payment of KRW 560 million with respect to each of the land and the land owned by the Victim Co., Ltd., Ltd., the amount of KRW 200,000,00,000 with respect to a loan to the Company, and on August 25, 2014, the Defendant created a joint collateral payment for the above G land, H land, and I land owned by the Victim Co., Ltd., as a security for the obligation of KRW 560,000

As a result, the Defendant acquired F Co., Ltd. financial benefits equivalent to the amount of KRW 412,407,70 (the amount obtained by deducting the maximum amount of claims of the right to collateral security established in the existing amount from KRW 1,144,407,70, which is the appraised value of the said real estate), which is the collateral value of the said real estate, from the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E/J (Evidence No. 22);

1. Full certificates of each registered matter, investigation reports (verification of loans), details of transactions of entry and withdrawal, and application of Acts and subordinate statutes on loan transaction contracts;

1. The relevant Article of the Criminal Act and Articles 356 and 355(2) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) concerning criminal facts;

1. The scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment);

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