(영문) 대전지방법원 2016.09.21 2016노1316 | 리걸엔진

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(영문) 대전지방법원 2016.09.21 2016노1316

업무상배임

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The defendant's claims by mistake of facts and misapprehension of the legal principles are of little economic value and are causing damage to the damaged company.

It is difficult to see that the above claim has economic value.

Even if the claim was transferred by the business judgment to settle the debt of the damaged company at the time, the defendant did not have any intention to commit a breach of trust.

However, the lower court convicted the Defendant as to the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine and misunderstanding facts.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the lower court determined the Defendant’s assertion that: (a) even according to the Defendant’s assertion, the amount that the Defendant borrowed from F is limited to KRW 43 million; and (b) KRW 20 million, among which the Defendant borrowed from F for personal purposes; (c) the transfer of the Defendant’s claim for the construction cost amounting to KRW 400 million, including the Defendant’s personal obligation, to pay the Defendant’s obligation to KRW 43 million, would be contrary to the interests of the damaged company; and (d) the F agreed that the amount remaining after appropriating the Defendant’s claim from the claim for the construction cost that the Defendant acquired to the Defendant’

Even if the above agreement is not implemented, it is reasonable to inflict damages on the damaged company, but without securing any security therefor, to transfer the claim for the construction cost of this case, which is the whole property of the victimized company, to F, without any relation with the victimized company, is contrary to the interests of the victimized company, and thus, it is against the interests of the victimized company, dismissed the defendant's legal action and found the defendant guilty as to the facts charged of this case.

2) According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

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