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Reasons
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(영문) 수원지방법원 성남지원 2019.07.10 2019고정401
업무상배임
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Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant, as the representative director of the victim C Co., Ltd. in Seo-gu Incheon, has overall control over all of the affairs such as fund management of the above company.

From June 2010 to June 2011, the Defendant: (a) in violation of the company’s articles of incorporation, inasmuch as there was a business duty to pay the Defendant’s remuneration, according to the company’s articles of incorporation, the Defendant arbitrarily received the Defendant’s salary from 3 million to 3.5 million won per month without a resolution of the general meeting of shareholders; (b) from September 201 to December 201, 4 million won per month; and (c) from January 201 to June 201, from January 201 to June 4.8, 2014, the Defendant arbitrarily received the Defendant’s salary from 4.8 million won per month to June 2014, thereby acquiring property benefits equivalent to the said increase and causing damage equivalent to the same amount to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certified copy of the register-C stock company;

1. Court rulings;

1. C passbook;

1. Application of Acts and subordinate statutes to the details of transactions by entry, withdrawal, and deposit account, and details of passbook transactions;

1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Criminal Act concerning the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The amount of fines shall be reduced in consideration of all the conditions of sentencing, including the fact that the complainant withdraws the complaint after the issuance of a summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the complainant consenteds to the personnel affairs of salary from E, other than the complainant at the time of raising the salary, and that all the amount of damages prescribed in related civil procedures have been refunded

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