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(영문) 의정부지방법원 고양지원 2016.10.26 2015고단2542
업무상배임
Text

The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is the representative director of the victim E Co., Ltd. (hereinafter “victim E”) located in Gangnam-gu Seoul and the second floor from November 3, 2013 to February 13, 2014, who exercises overall control over all the affairs of the victimized company.

On October 7, 201, the injured company entered into a contract to take over 19 rooms within the “I” building located within the “I” building located in Suwon-gu, Suwon-gu, Suwon-si, from G and two other persons on the basis of the introduction of F, and agreed to take over 15 billion won as the down payment on the date of the contract; 2 billion won as the down payment on October 31, 201; 1.5 billion won as the first intermediate payment on October 31, 201; 1.5 billion won as the second intermediate payment on November 30, 201; and 10 billion won as the remainder payment shall be paid within 10 days after the public invitation; but if the part payment is not possible, the down payment paid by the victimized company shall be confiscated as the down payment.

Around September 27, 201, before the conclusion of the above sales contract, F shall participate in a private placement of 5.5 billion won when entering into a contract for an investment agreement with the victimized company, and shall pay 2.5 billion won until October 5, 201, 201, 2.5 billion won until October 20, 201, and 1 billion won until October 31, 201, and 4.5 billion won out of the above capital increase was agreed to be used as the price for the above sales contract, but it did not pay the price for the capital required for the payment of the intermediate payment to the victimized company. Accordingly, the above sales contract was cancelled for the reason of non-payment of the intermediate payment on December 7, 2012, and the down payment paid by the victimized company was confiscated.

The victimized Company received 240,00 shares (in total amount, 5,000 won, par value, 1.2 billion won; hereinafter “instant shares”) owned by F under the pretext of partially compensating for losses of KRW 2 billion suffered by the victimized Company F. In such a case, the instant shares constitute an important asset, and thus are disposed of, shall undergo a resolution of the board of directors in accordance with the articles of incorporation.

Nevertheless, around November 6, 2013, the Defendant issued the instant shares in violation of the above occupational duties at the injured company office.

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