업무상배임
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
From November 2016 to February 2018, the Defendant was working as an employee of the Victim B Co., Ltd. from around December 2, 2016 to around February 2, 2018, and the Defendant decided to obtain property benefits by claiming for the payment of expenses, such as wages, material costs, meals, etc. incurred on behalf of the victim company, as the Director of the Public Service at the Dopo-si Construction Site where the victim Co., Ltd. was ordered to perform construction works for steel bars and concrete works from around December 2016, 2016.
Accordingly, around January 1 through 2, 2017, the Defendant: (a) requested the victim to pay the difference between the meals of a person who actually provided meals to him/her as if he/she did not provide meals on the part of “G” in the “G,” designated as a restaurant at the construction site; and (b) demanded the victim to pay him/her the difference with the food of a person who actually provided meals; and (c) received 3.4 million won, which is the difference between the food representative claimed to be unrefilled around March 1, 2017, from the Defendant’s spouse, to December 12, 2017, including the transfer of KRW 3.4 million from the Defendant’s spouse, to the new bank account (I) in the same way as indicated in the attached list of crimes, by means of the same method, from around that time to December 12, 2017.
As a result, the Defendant acquired pecuniary benefits equivalent to KRW 49,233,500 in violation of occupational duties, and caused damages equivalent to the same amount to the victim.
Summary of Evidence
1. The application of Acts and subordinate statutes to police protocol E to the defendant's legal statement J, the certified transcript of corporate register, the statement of deposits, the statement of bank transaction, the statement of bank transaction, the certificate of family relationship, the deposit confirmation data, the statement of claim for funds, the work statement, the statement of claim for food, the statement of claim for food, each investigation report (Evidence No. 16, 21, 22
1. Articles 356 and 355 (2) of the Criminal Act, inclusive, by relevant Articles of the Criminal Act and the choice of punishment for the crime;
1. The sentencing of Article 62(1) of the Criminal Act is suspended.