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(영문) 부산지방법원 동부지원 2014.04.02 2013고단3188
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the literature C who was a victim and was a director of the board of directors during the above literature.

D, the president of the board of directors, around November 2002, deposited and managed the cash of KRW 300 million owned by the victim's door in the name of D. Around August 2003, D borrowed KRW 300 million as collateral of the above deposit, but around November 2008, D was seized and collected from creditors on the wind that D's personal business will be defaulted.

Around February 18, 2010, the Defendant, as an executive of the victim’s door, has a duty of due care as a good manager in dealing with the affairs concerning the management of property in the door. However, on or around February 18, 2010, by a resolution of the board of directors including the Defendant, nine directors, including the Defendant, made it possible to revise the articles of incorporation so that the disposal of property in the door may be made by the resolution of the board of directors. On February 22, 2010, the Defendant sold the price of KRW 32,00,000,000,000 for 32,000,000,000,000 won, which is owned in the door, after deducting taxes and public charges, etc. out of the above sales price from D’s debt repayment.

Accordingly, in collusion with D, G, H, I, etc., the Defendant acquired property benefits equivalent to KRW 264,339,170 from the above settlement amount, and suffered the same loss in the victim's door.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of G, I, H, and D by the prosecution;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes to the minutes of board of directors and the settlement of land sale;

1. Article 356, 355 (2), and 30 of the Criminal Act applicable to the crimes and Articles 356, 355 (2) and 30 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there was no record of crime and participation in a small portion);

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