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(영문) 춘천지방법원 강릉지원 2012.01.06 2010고단687

업무상배임

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From October 5, 2007 to February 15, 2009, the Defendant worked as the dean of the D University under the victim’s educational foundation C, and took overall charge of the overall operation of the victim and D University.

1. The defendant, as the dean of the above D University, has a duty to use two copies of the corporate card issued by the defendant from the victim for the purpose directly related to the performance of duties of the D University.

Nevertheless, on April 27, 2008, the Defendant purchased a bicycle with the child’s daily gift in violation of the above occupational duties at Seongbuk-gu Seoul E agency around April 14:23, 2008, and paid 105,000 won to the Samsung Card out of the above corporate card, thereby acquiring property benefits and causing damage equivalent to the same amount to the victim.

In addition, the Defendant, from January 5, 2008 to February 16, 2009, paid a total of 247 occasions as indicated in the attached list of crimes, 35,802,860 won in total with the corporate card to settle the accounts with the corporate card, thereby acquiring economic benefits and causing damage equivalent to the same amount to the victim.

2. In the event that the Defendant, as the dean of the above D University in 2008, entered into a cleaning service contract for the D University in 2008, the said cleaning service contract is at least 50,000,000 won, and thus, there was a duty to enter into a contract through an open competitive bidding and to enter into a contract with an appropriate

Nevertheless, on February 28, 2008, the Defendant entered into a cleaning service contract for the year 2008 with D Universities, F, and F in violation of the above occupational duties, and entered into a negotiated contract which is not an open competitive bidding. The reasonable contract amount is equivalent to KRW 400 million, including wages in arrears 1,4847,220 for eight workers, such as G, etc., to be borne by the said F, and included KRW 564,565,200.