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(영문) 의정부지방법원 2014.09.18 2012고합557
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A Imprisonment with prison labor for three years and for three years, respectively.

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

Reasons

Criminal facts

Defendant A worked as the representative director of the Victim M Co., Ltd. (hereinafter “victim Co., Ltd.”) in Mapo-si from November 19, 2007 to January 12, 2009, Defendant A had a duty to observe necessary procedures, such as resolution of the board of directors, and to perform duties in good faith for the benefit of the company.

1. On April 25, 2008, Defendant A issued a promissory note of five billion won (hereinafter “first Promissory Notes”) to N in the office of the victim company L, which is a major shareholder of the victim company, in the course of acquiring the victim company, and provided N in the process of acquiring the victim company the victim company as collateral, and did not pay part of the amount of 14.3 billion won borrowed. It demanded N in the victim company A, the representative director of the victim company, to pay the above borrowed amount, and without implementing the necessary procedures such as the resolution of the board of directors, the issue date is blank, five billion won in face value in face value in the victim company’s name (hereinafter “one Promissory Notes”), and delivered it to N in the statement of 10.3 billion won in face value in face value in the victim company’s name, and N in the statement of 1571-137 building on July 25, 2008, a notary public who had the above 108.4 billion won in notarial notes issued to the victim company’s 200.5 billion won in Seoul.

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