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(영문) 대구지방법원 2012.09.21 2012고합477

특정경제범죄가중처벌등에관한법률위반(배임)

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The defendant's status and occupational duties are ordered by the Korea Water Resources Corporation, and the defendant works as the management team leader of the victim company in the construction site of this case at the time of the project site of this case in order for the Korea Water Resources Corporation to receive a contract by the Korea Water Resources Corporation, and "the D construction site of the Nakdongdong-gu Project D construction site constructed by the victim company in a subcontract by the victim company management team."

Therefore, the defendant has a duty to properly examine the supply amount of equipment, materials, oil, services, labor, etc. so that the victim company should not pay excessive expenses, such as equipment cost, material cost, food cost, etc.

2. The Defendant committed a breach of trust with a view to raising funds to arbitrarily use the funds by unrefilleding the expenses at the construction site of this case and refunding the difference between the actual expenses and the expenses.

Accordingly, the Defendant: (a) at the instant construction site located in Gyeongnam-gun, Gyeongnam-gun; (b) at around December 2009, the Defendant: (c) submitted to the victim company evidentiary documents, such as receipts, etc., by submitting the number of meals and the frequency of meals provided to the field employees and equipment engineers of the victim company by G Hacheon-gun, Gyeongcheon-gun, G around the 30th of the same month; (d) received KRW 10,360,000, which includes food expenses unrefilled from the victim company; and (e) received the difference between the food expenses paid excessively by G and the actual food expenses paid by G around the 31st of the same month following the following month, and received a return from G to the next account in the name of I managed by the Defendant.

From October 30 to March 30, 2012 from around October 30, 2009 to March 30, 2012, the Defendant collected a total of 16 suppliers’ food expenses, equipment expenses, material expenses, equipment expenses, accommodation expenses, and expenses for removal of accommodation in the following manner: (a) the Defendant managed KRW 808,287,361, and was returned to the name account in the name of the I and J.

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