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(영문) 창원지방법원 통영지원 2019.08.13 2019고단300

업무상배임등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant from January 30, 2017 to the same year.

7. by March 2, 200, the victim C, a corporation located in Tong-si B, serving as the head of the building team and the head of the field office, and engaged in the work, such as construction orders and field management.

The defendant is an employee in charge of the business of receiving contracts for construction from the victim company, who makes efforts to conclude contracts for construction to perform business affairs for the victim, such as improving the sales of the victim company, and was engaged in concurrent business or competitive business without consent of the victim company.

On February 5, 2017, the Defendant, who attempted to commit occupational breach of trust on or around February 5, 2017, was performing duties, such as submitting a written estimate, etc. for obtaining a new construction project in the Ethic area for the victim company, in violation of the above occupational duties, and thus, the Defendant lost the opportunity to conclude a contract with the victim company by stating that “I would advance the victim company if I want to do the construction project,” and the Defendant intended to directly obtain the above construction cost of KRW 580,000 from D and receive the above construction cost of KRW 580,000,000,000 from D, but was attempted by D to refuse to conclude the contract.

On March 13, 2017, the Defendant, who attempted to commit occupational breach of trust on or around March 13, 2017, was performing duties, such as submission of a written estimate, etc. for obtaining the construction of electric source housing located in G on behalf of the victim company from F on or around March 13, 2017, and, in violation of the above occupational duties, the Defendant attempted to obtain from F the said construction cost of KRW 1.34 billion by receiving the said construction cost from F, but was attempted by F to receive the said construction cost of KRW 1.4 billion. However, the Defendant attempted to have attempted to obtain economic benefits in value with the wind that F refuses to conclude the contract.

On May 2017, 2017, the Defendant in breach of trust against occupational duty is a h officer on April 21, 2017 for the victim company.