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(영문) 서울중앙지방법원 2015.06.25 2015고단683
업무상배임
Text

Defendant

A Imprisonment with prison labor for eight months, and for one year, each of the defendants B.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From December 1, 2005 to January 31, 2011, Defendant A is a person who was the chief of the general affairs division of (the manufacturer for semiconductor design, the development of digital camera system, etc. was abolished on the KOSDAQ on March 2014). Defendant A is a person who works as the chief of the general affairs division of (the manufacturer for semiconductor design, and the development of digital camera system) and Defendant B is a person who works as the chief of the office of G certified tax accountant in Daejeon.

2. Defendant A’s occupational breach of trust is an employee of the StateF, and when being entrusted with the business of managing and operating the company’s assets, he/she shall engage in futures option transactions in order to increase the company’s profit by fulfilling the duty of due care as a good manager for the company’s interest, and shall not engage in transactions that directly incur loss to the company for its own interest by creating management and operation of the company’s assets.

(H)F (Representative H) has suffered a loss of KRW 00 billion due to the situation of KIKO (knock-in knock-out, and exchange hedge currency option product to avoid risks arising from exchange fluctuation in 2008, which resulted in a huge loss to small and medium enterprises belonging to this product due to rapid exchange rate fluctuations arising from the financial crisis in 2008).

Accordingly, the representative director H intended to call for the foreign exchange loss caused by the KIK situation, and he instructed the Defendant A to manage and operate the futures option account in the name of the F, and to create profits by trading the futures option account for the company from February to March 2, 2009.

Defendant

A As an employee of (State)F, in violation of its duty, to manage and operate the futures option account of (State)F, and to establish a futures option account in the name of the Defendant on April 6, 2009, and then to establish a company’s name futures option account in the name of the Defendant, the name of the Defendant and the name of the Defendant, and the name of K (Korean connection investment securities, serial L) account in the name of the Defendant.

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