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(영문) 제주지방법원 2016.12.21 2016고정169
업무상배임
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that Defendant A was the representative director of Victim E Co., Ltd. (hereinafter referred to as “instant company”) located in Jeju City from April 3, 2012 to June 20, 2014, and F is a person who was employed as an employee of the instant company from August 6, 2011 to November 11, 2014 and was delegated by the said Company A and was in charge of the said company’s business.

The Defendant and F, upon receiving a request from G, known to the general public, to lend the business fund, and around March 27, 2013, the Defendant and F set up a collateral of KRW 585 million in the creditor L’s name on the land of Jeju-si, the only property of the victim company, and the land of KRW 4,000,000,000,000,000,000 from L, and conspired to lend it to G.

In the event that the Defendant and F lend the company’s funds to another person, the instant company, the victim of which was provided with sufficient security from the other person, has an occupational duty to safely recover the loan, and on March 28, 2013, without being provided with any security from G, lent KRW 450 million to G (hereinafter “the instant first loan”) with the lending period of KRW 1 million as one year from March 28, 2013.

Accordingly, the defendant and F conspired to obtain property benefits equivalent to the above loans from G and the victim company cannot be paid KRW 450 million to the victim company.

Maz.

1. According to the records, the following facts are recognized:

A. F and M acquired the instant company for the purpose of real estate rental business, construction and housing business, tourist accommodation business, etc. around June 201 to operate a hotel business, and M were appointed as a representative director and an intra-company director on August 16, 201.

B. On October 14, 201, the instant company was awarded a successful bid of KRW 1.9 billion for the instant land in the court auction procedure, and on the same day, the private credit cooperative for the mortgagee of the instant land.

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