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(영문) 광주지방법원 2021.01.20 2020고단4432
업무상배임
Text

Defendant

Punishments against A shall be 5,00,000 won, and fines for negligence against Defendant B shall be 7,000,000 won, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who served as the representative director of Victim D Co., Ltd. in Changwon-si, Changwon-si from October 2018 to December 12, 2018, and Defendant B is a person who served as a internal director of the victim company from September 2018 to March 2019.

The Defendants, as executive officers of the victim company, shall perform their duties in good faith for the overall interest of the victim company, and even if there were occupational duties that should not inflict damage on the victim company by performing any property act that may be charged to the victim company at will, the Defendants solicited Defendant B to lend KRW 40,000,000,000, which is kept in the national bank account in the name of the victim company, to Defendant B, and the clients conspired to lend 40,000,000,000, which is kept in the national bank account in the name of the victim company to Defendant B, and the clients remitted 40,000,000,000 to the Nonghyup Bank account in the name of the third party under the name of the non-party E company with limited liability, and the above day was transferred to Defendant B, the representative of the limited liability company, to the agricultural bank account in the name of G, the spouse of Defendant B.

As a result, the Defendants conspired in violation of the occupational duties of the victim company's officers, and Defendant B acquired financial benefits equivalent to the above amount and caused damages to the victim company equivalent to the same amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. The application of investigative reports (Taking notes attached thereto) and Acts and subordinate statutes to investigation reports (F hearing of statements);

1. Relevant Articles 356, 355(2) and (1), and 30 of the Criminal Act concerning the facts constituting an offense (or choice of penalty against the Defendants)

1. Articles 70(1) and 69(2) of the Criminal Act on the detention of the workhouse (for the Defendants), respectively.

1. Article 334(1) of the Criminal Procedure Act (for Defendants, Article 334(1)

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