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(영문) 부산지방법원 2017.07.05 2015고단8869 (1)

업무상배임

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

D From December 17, 2012 to April 27, 2015, 2015, the Defendant is a person in charge of management of an outsourcing company that transports and packages the ice pipe produced while working as an employee of the victim FF corporation located in Gangseo-gu Busan Metropolitan Government (hereinafter referred to as the “victim”)'s factory production support team for Busan Metropolitan Government, who is a person in charge of management of an outsourcing company that transports and packages the ice pipe.

D has a duty to manage and supervise the damaged company's Busan Factory Production Support Team so that it can pay the amount corresponding to the business performed by the partner company according to the contract concluded between the victimized company and the partner company.

Nevertheless, D has received the difference from the subcontractor and received it individually if the victim company pays the excessive amount claimed to the subcontractor by allowing the subcontractor to claim an excessive amount than the actual amount of work.

D Even though H, a company, which received cargo transport services from the victimized company due to its breach of the above occupational duty, was actually 31,440,000 won transport costs around June 2014, H, a company, which demanded H, to claim the transport charges of KRW 32,64,00,000, received the difference from the victimized company, and then received KRW 1,20,000 from the Defendant.

As a result, the Defendant conspired with D in collusion, as indicated in the list of crimes in the attached Form, obtained a total of KRW 12,500,000 from June 2014 to December 2014, and suffered a total of KRW 12,50,000 from June 2014, and suffered a loss equivalent to the same amount from the damaged company.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. A statement of transactions in the NongHyup Account (I) in the name of D;

1. Cargo transport contract (J-H);

1. Application of Acts and subordinate statutes governing each certificate for registration;

1. Article 356, Article 355 (2), and Article 30 (Joint Selection of Fines) of the Criminal Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;