업무상배임
The defendant shall be innocent.
The defendant in a factory room is the same year from January 13, 2012 to the same year.
5. Until March 31, 200, a person who works as the president of a limited company with limited liability and has been engaged in overall control over the operation of the victim corporation while working as the president of the limited company with limited liability who is engaged in the business of manufacturing PED parts in the exchange-
On March 29, 2012, the Defendant entered into a construction contract for reconstruction of the factories of the victim corporation destroyed by fire (a steel structure work and fire fighting work) with G, the F Branch of the E limited liability company, around November 25, 2011.
In such a case, although the defendant, who works as the president of the Dong branch of the said victim corporation, has an occupational duty to conclude a contract for the benefit of the victim corporation, the defendant entered into a contract by setting the price of the said construction contract at 7,200,000 won higher than the actual cost of construction, and received a return of the above 1,20,000 won from G. On April 1, 2012, the defendant arbitrarily consumed the above 1,000 won with the account in the name of H, which is an employee of the victim company, and 20,000 won in cash.
As a result, the defendant acquired approximately KRW 200 million proprietary benefits in violation of occupational duties, and suffered damages equivalent to the same amount in the victim company.
Judgment
1. The Defendant asserts that, on January 3, 2012, the Defendant took office as the president of the Dong LLC (hereinafter “D”) (the status similar to the representative director under the Commercial Act) and used D’s operating funds and money as personnel expenses, and that, upon entering into a contract with G and construction contracts, the Defendant used the money to return personnel expenses, operating expenses, and repayment of obligations of D employees, the Defendant did not commit intentional breach of trust or breach of trust.
2. The intention of the crime of occupational breach of trust is the intention of the person who deals with another's business and the intention of his/her or a third party's financial gain.