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(영문) 인천지방법원 2014.07.02 2013고단4377

업무상배임등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant, around August 1, 2007, entered the Dispute Resolution in Seo-gu Incheon, which is the victim company in Seo-gu, Incheon, and worked as the site manager of the construction site from March 31, 2008 to April 30, 201, such as Hyundai Steel E, which was executed by the victim company at a contract from March 31, 2008, and was engaged in the work for the progress of the construction site, the execution of the site funds, etc.

The defendant entered into a contract for a personal construction project with the customer of the victim company and filed a claim for construction expenses with the victim company for the occupational duties that may not be performed with the material and human resources of the victim company after concluding the contract for a construction project with the victim company. However, on July 31, 2009, the defendant entered into the contract for a construction project with the Financial Bank Bank, which is the customer of the victim company, by using the victim company's materials and human resources, and paid 24,200,000 won as the price for the construction. On September 1, 2009, the defendant collected 4,982,000 won in excess of the price for the materials to be paid to G in the victim company, and received from G to the agricultural bank account in the name of the defendant company from May 30, 2008 to July 30, 2010, and received from the victim company 150,200 won in the name of the victim company as stated in the crime list, and paid the above amount equivalent to the defendant company.

Around July 31, 2012, the Defendant stated to the effect that “If the Defendant lends KRW 20 million to a company operating solar power generation business, he/she will pay money to the victim J by means of lending KRW 20 million to the company operating solar power generation business.”

However, in fact, the Defendant did not have property under the name of the Defendant, and the amount of debt was equivalent to KRW 100 million, and the Defendant’s “K” company seeking to invest.