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(영문) 부산지방법원 2017.06.07 2015고단8869

업무상배임

Text

Defendant

A Imprisonment with prison labor for one year, for six months, and for seven million won, each of the defendants C shall be punished by fine.

Defendant

C above.

Reasons

Punishment of the crime

Defendant A, from December 17, 2012 to April 27, 2015, is the victim I corporation located in Gangseo-gu Busan Metropolitan Government (hereinafter referred to as the “victim”) to be in charge of the management of the external main company that transports and packages the string pipe produced while working as the staff of the Busan Metropolitan Government Factory Production Support Team, Defendant J is the L operator of Gangseo-gu, Busan Metropolitan City, 119 Dong 221, 19 Dong 21, Defendant B is the N operator of the corporation located in Kim Sea M, Defendant B N operator of the corporation located in Busan Metropolitan City, Defendant C, and Defendant C is the P operator who is located in 1502, Nam-gu, Busan Metropolitan City.

Defendant

A 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 work performed by the partner company according to the contract concluded between the victimized company and the partner company.

Nevertheless, Defendant A had the subcontractor claim an excessive amount of work to the victimized company, and the victimized company paid the excessive amount of work to the subcontractor, Defendant A received the difference from the subcontractor and received it individually.

1. Although Defendant A and J’s joint criminal defendant A violated the above occupational duties and thereby, Defendant A and the injured company suffered transportation costs of KRW 31,440,000,00 from L, which were actually 32,64,000, around June 2014, Defendant A demanded L, a stock company to claim transportation costs of KRW 32,64,00,000, and received the difference from the JJ. 1,20,000.

As a result, Defendant A and J conspireded in collusion with the above method to obtain a total of 12,50,000 won from June 2014 to December 2014, as shown in Appendix I, and thereby, Defendant A and J acquired a total of 12,50,000 won from June 2014 to inflict damage equivalent to the same amount on the damaged company.

2. Defendant A and B’s joint crimes committed in violation of the above occupational duties and received packaging duties from the victimized company.