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(영문) 서울중앙지방법원 2016.10.28 2016고합539
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant was the representative director of the Victim B Co., Ltd. (hereinafter referred to as the “victim”) established and operated for the purpose of passenger transport business, including Seoul city bus.

When the Defendant established a representative director and C (hereinafter referred to as “C”) in which the Defendant himself/herself is a major shareholder, the Defendant raised funds necessary for the construction of soft and hot spring facilities, without any special own capital, from the beginning of the establishment by appropriating the funds necessary for the construction of such facilities only with loans of financial rights.

C The standard debt amount of December 31, 2005 exceeded KRW 29.7 billion, and the amount to be disposed of as cumulative net loss also exceeds KRW 2.1 billion, and the capital amount of KRW 1.466 billion, which is merely a mere capital amount of KRW 1.460 million, was also in a state of complete diving without any special financial transfusion.

Accordingly, the defendant had raised awareness to resolve C's financial difficulties by subsidizing funds of the victim company.

1. On July 5, 2006, the Defendant lent KRW 500 million of the funds of the victim company to the Seoul Songpa-gu D office, where the representative director of the victim company lends the company funds to another company as a representative director, a thorough examination of the victim company’s ability to repay debts, etc., as well as a thorough examination of the company’s ability to repay debts, etc., and taking reasonable and reasonable measures for recovery of claims, such as taking measures for recovery of claims through a resolution of the board of directors, etc., even though there are occupational duties to undergo due process, such as going through a resolution of the board of directors.

In addition, the Defendant loaned the funds of the victim company in the sum of KRW 6,324,863,795 from January 18, 2006 to January 4, 201, to C, as indicated in the attached list of crimes, thereby obtaining pecuniary benefits equivalent to the same amount as C, and causing property damage equivalent to the same amount to the victim company.

2. The Defendant shall include C’s shares, etc. around April 1, 201.

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