(영문) 의정부지방법원 2015.07.24 2015노321

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(영문) 의정부지방법원 2015.07.24 2015노321

사기등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant, the representative director of the victim company D (hereinafter "victim company") in the name of the summary of the grounds for appeal (as to the acquittal part at the time of original adjudication), transferred to I a claim equivalent to KRW 458 million of agency fees for the victim company's non-Dong District Housing Association, and notified the non-Dong District Housing Association of the transfer of the transfer of the claim to the victim company, enables effective repayment to I by the non-Dong District Housing Association, thereby causing the risk of property damage to the victim company. However, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous by misapprehending legal principles, which affected the conclusion of the judgment.

2. Determination

A. The victim Co., Ltd. of this part of the facts charged was scheduled to receive 458,075,000 won from the non-Dong District Housing Association around February 2, 2014 when completing the recruitment of union members related to the apartment sales business in H from June 2, 2012 to April 22, 2013.

The defendant, as a representative director in the name of the victim company, was engaged in the management of corporate sense, and thus, in order to transfer claims of the victim company, there was a duty to manage the victim company's assets in good faith by obtaining consent from E who is the actual operator or following a resolution by the board of directors

Nevertheless, the Defendant violated his duties and without the consent of E or the resolution of the board of directors on January 17, 2014, and upon the request of J, the actual operator of the representative of I Co., Ltd. to transfer the above claims, the Defendant transferred to I the bonds equivalent to KRW 458 million of the above agency fee for the non-Dong District Housing Association, thereby having I gain pecuniary profits equivalent to the above amount, and caused property damage to the victim company.

B. The lower court’s judgment intends to establish a crime of breach of trust.

유사 판례

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