beta
(영문) 대구지방법원 2016.02.18 2015고단99

업무상배임

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

B From June 2012, from around 2012, the victim (the State) was the head of the steel-line work team of the "D-based concrete construction works located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do," which was performed under a subcontract from Hyundai Construction (the State), and the defendant works as the head of the work team of the said construction works from June 2012, and has been engaged in the process of steel-line assembly works, labor management, etc.

The Defendant conspired with B, using the fact that labor cost is paid to the victim company as the labor cost was paid to the victim company by appropriating excessive labor cost in collusion with B. On October 27, 2012, the Defendant breached his/her duty to demand labor cost to the victim company and pay labor cost to the victim company according to the content of actual labor provision at the above construction site office around October 27, 2012, and in violation of his/her duty, the victim company falsely prepared documents, such as a written confirmation of labor, as if the victim company was provided with more human resources than those actually provided by E, to have the victim company pay excessive labor cost of KRW 150,00,00, and caused the victim company to obtain monetary benefits equivalent to the same amount and to inflict economic damage equivalent to the same amount on the victim company from around that time to May 22, 2013.

Summary of Evidence

1. A protocol concerning the examination of suspects of B and the accused by the prosecution;

1. Statement made by each prosecutor with respect to F;

1. Application of Acts and subordinate statutes, such as an organization map of the broadband Construction site, notification of each subcontract, detailed statement of payment of daily labor costs, account transaction statement, transaction statement, remittance statement, customer basic information inquiry statement (CIF), financial transaction statement, etc., copy of the passbook, cash card copy, etc.;

1. Article 356 of the Criminal Act and Articles 355(2) and 355 of the Criminal Act concerning the selection of criminal facts;