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(영문) 서울동부지방법원 2017.12.22 2017노767
업무상배임등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts, the summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is as follows: (a) the Defendant intentionally, in violation of his/her occupational duties, thereby causing damage to the Victim E-In-Law Bank (hereinafter “victim”); (b) had K obtain property benefits; and (c) had K enter false facts in the registration information, which is an official electronic record, and (d) sufficiently recognize the fact of its use, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby not

① The agreement on the transfer of shares between the Defendant and the victim company G, H and I (hereinafter “G, etc.”) is prepared by the Defendant and the victim company’s shareholder G, H and I (hereinafter “G, etc.”) to keep the original in the attorney-at-law office and deliver only a copy thereof, and the Defendant did not reach an agreement on the terms and conditions of transfer. As such, the actual shareholder is still G, etc., notwithstanding the preparation of the said agreement.

② In light of the fact that the defendant's business right of the victim company that has been transferred to the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the L of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the K of the L of the K of the K of the K of the K of the K of the K of the K of the L of the K of the L of the K of the K of the K of the K of the K of the K of the K of the K of

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