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(영문) 서울중앙지방법원 2014.08.13 2013고정6074
업무상배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C corporation.

around September 19, 2012, the Defendant established C by investing KRW 709,000,000 each of E and 20,000,000 in the Seocho-gu Seoul Metropolitan Government D Building A, issued shares, and allocated 40,00 shares of each of the above companies by issuing shares, and the Defendant entrusted the representative director of the above company to operate the above company.

In establishing the above company, the Defendant violated his duties without undergoing a resolution of the general meeting of shareholders, notwithstanding the provisions of the articles of incorporation, and paid KRW 3,868,00,00 as the Defendant’s capital from the above company’s office around October 4, 2012, as well as KRW 3,868,00 as the F, a director of the above company’s capital, from January 31, 2013 to January 31, 2013.

As above, the Defendant violated his occupational duty, thereby causing property damage equivalent to the above amount to the victim C, and acquired property profit equivalent to the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. The statement of each part of the police interrogation protocol against the accused (including each substitute part);

1. Each police statement of E and G;

1. The entry of each of the police statements made to F and I in part;

1. A-e-mail, e-mail output copy, business registration certificate, certified transcript of register, statement of withdrawal of funds, copy of an application for registration of incorporation, copy of the articles of incorporation, minutes of general meeting of promoters, investigation reports, minutes of board of directors, certificates of acceptance of stocks, certificates of deposit trust balance

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 356 and 355 (2) of the Criminal Act applicable to the relevant criminal facts (to select a fine in general);

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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