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(영문) 서울북부지방법원 2015.01.23 2013고단1572

업무상배임

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 29, 2012, the Defendant was sentenced to imprisonment with prison labor for a prison term of six months at the Seoul Eastern District Court, and the said judgment became final and conclusive on November 6, 2012.

From April 201 to August 9, 2012, the Defendant is a person who served as the representative director of the victim (owner)D established for the purpose of interior construction work business, etc. on the first floor Seoul Jung-gu, Seoul.

(State)As the representative director of D, the Defendant has the duty to perform and maintain the contract entered into by D and to faithfully manage the funds in the name of the Company, and there has been occupational duties to avoid causing damage to the Company.

around May 11, 2012, the Defendant entered into a contract on the construction of commercial buildings, such as (ju) E, a prime contractor in Seoul, and Seoul, for the construction of subway 4, a subway subway 4, for the construction of commercial buildings; (a) the contract on the International Telecommunications Corporation, located in (ju) G, a subway 2, HW 202-10 in Seoul, and the International Telecommunications Corporation, located in (HW 2, a subway 2, a subway 202-10; and (b) the Defendant entered into a contract on the construction of the interior of the subway 4, a subway 4, a police officer company in Seoul, and carried out each construction work; (c) on July 26, 2012, the Defendant was serving as a director of the victim company, who operated the victim company together with his spouse; and (d) was in violation of his/her duty to directly use the subcontracted construction work from the said company and directly receiving the aforementioned construction work price from the said company.

Accordingly, the Defendant entered into a contract with the victim company (E) and (State)J on July 28, 2012 with respect to the contract entered into with the victim company (E) and (State)G by taking advantage of the friendship with the principal company as above, and after entering into a renewal contract with each principal company on July 30, 2012 with each state company on July 30, 2012, the victim company from July 10, 2012 to the victim company from July 10, 2012

8.6.