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(영문) 수원지방법원 2016.07.06 2015고단3725
업무상배임
Text

The defendant shall disclose the summary of the judgment of innocence.

Reasons

The defendant in the factory room was the representative director of the victim D, who was the victim C and B 2325 of Sungnam-si from October 2012 to December 1, 2014.

E was actually engaged in the representative director's business as the husband of the above company.

According to the articles of incorporation of the above company, matters concerning the borrowing of funds, acquisition and disposal of major assets, and other matters deemed important shall be resolved by the board of directors, and the representative director shall convene the board of directors to decide the above matters, and shall pass a resolution with the attendance of a majority of the

On June 27, 2014, the Defendant borrowed F F’s wife G, one of the owners of land subject to a new urban-type residential house construction project implemented by the said company, from H, one of the owners of the same land, to borrow KRW 160 million, in violation of the occupational duties to be observed by the said Articles of Incorporation, and without the resolution of the board of directors, the Defendant had the said company stand joint and several surety for the said obligation without the resolution of the board of directors.

As a result, the Defendant obtained H property benefits equivalent to KRW 160 million and suffered damages equivalent to the same amount from the company.

Facts of recognition

The following facts and circumstances are acknowledged according to the records.

A. D Co., Ltd. had been promoting the project of newly constructing two urban-type residential housing units on the surface of the land, other than the wife population I, and the land owner of the said urban-type residential housing unit construction project.

B. Around January 2014, F received only a part of the purchase price of the above project site and made D Co., Ltd. implement a new urban-type residential housing construction project on its own land, and the auction was conducted on the housing in which it had been residing, and led to the situation in which the housing should be removed from the said housing.

The F's wife G on January 23, 2014, J on January 23, 201, is 320 million won.

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