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(영문) 서울중앙지방법원 2015.08.20 2015고단2543
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From April 1, 2014, the defendant served as the representative director of the victims E in Gangnam-gu Seoul for the purpose of general distribution business, etc., and has been engaged in general business affairs concerning the management of the company, such as fund management.

The defendant who is engaged in such business is obliged to manage or maintain the property owned by the victim company in compliance with the purpose of the business.

Nevertheless, the Defendant, who was scheduled to implement around August 2014, provided the above bank as collateral G apartment 859 Dong 2505 (187 million won) and H land (41,434,000 won in appraisal) owned by the Defendant at the trade center of the Korea Exchange Bank in Gangnam-gu, Seoul, Seoul, as well as the Korea Exchange Bank in violation of its duties, with the intent of preparing funds necessary to acquire shares in the name of director F of the Defendant and the victim company in the capital increase in the capital increase in the above bank, which was scheduled to be held by the Defendant around August 2014, the Defendant borrowed 300 million won from the above bank as the obligor, and on the same day, borrowed 200 million won from the victim company as the Defendant’s account in the name of the victim company, and borrowed 100 million won from the victim company to the Korean bank account in the name of the Defendant.

8. 90 million won on 14.14.

8. A total of KRW 10 million, including KRW 10 million, was transferred to the victim company on August 18, 2014, and on August 19, 2014, the victim company purchased KRW 200,000 ( KRW 250,000,000) of the Defendant’s shares under the Defendant’s name at the time of issuing new shares, and used KRW 100,000,000 as the purchase price of the F’s shares ( KRW 150,000,000).

Accordingly, the Defendant acquired property benefits equivalent to KRW 71,566,00 (= KRW 300 million – KRW 187 million – KRW 41,434,00) and suffered property damages equivalent to the above amount from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (including I substitute part);

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes of a certified copy of a commercial register;

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