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(영문) 대구지방법원 2015.11.27 2015고정836
업무상배임
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a victim-in-house director established for the purpose of economic information provision services (online), etc.

Where a director, etc. of a stock company intends to engage in a transaction with a company on his/her own account or a third party's account, the board of directors shall, in advance, clarify important matters concerning the relevant transaction and obtain approval from the board of directors, and

The defendant has a duty to appropriately manage and preserve the assets of the company so that the assets of the company do not incur any damage to the company due to the acquisition of assets, such as the acquisition of assets through a resolution at the general meeting of shareholders, after calculating the appropriate value of the assets to be acquired when acquiring assets

In violation of the above occupational duties, the Defendant entered into a contract with the damaged company, which set the value of the said movable property at KRW 20,110,000 and then sold to the damaged company at KRW 17,160,00,000, in the office of the victimized company located in Overcheon-si D and 201 around January 13, 2014.

4.2.Before the time of the transfer of 20,110,000 won as corporate funds of the victimized Company to the Defendant’s bank account (E).

As a result, the Defendant acquired the pecuniary advantage equivalent to KRW 2,950,000, which is the difference between KRW 17,160,000, which is the reasonable price of the above movable property, and caused the damage of property equivalent to the same amount to the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. F's statement of the suspect interrogation protocol of the defendant by the prosecution

1. Statement made by the police of the F;

1. Results entrusted to the H of the G Appraisal Office of this Court for an appraisal;

1. A decision on the provisional disposition suspending the execution of duties by Daegu District Court 2014Kahap3059;

1. Standard contract for purchase of goods, and a written resolution of expenditure for purchase of goods and machinery;

1. A copy of the articles of incorporation, and a copy of a written resolution by all shareholders in a dispute resolution plan;

1. The defendant's bank account (E) transaction, and the corporate account (Korean I) transaction statement;

1. Each transaction;

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