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(영문) 청주지방법원 충주지원 2013.08.30 2013고단426

업무상배임

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 201 to October 2012, the Defendant served as the head of the construction site of the port D apartment constructed project performed by the victim C Co., Ltd. from November 201 to October 2012, and was in charge of the management and supervision of civil petitions related to the progress of the project, claims for progress payment by the subcontractor, materials management, etc.

1. Where any accessory material used at the site of construction works for Po harbor D apartments is sold with solid iron (larges, connected iron plates, V, spons, etc.), the sales proceeds shall be returned to the victim;

Nevertheless, the Defendant, at the above construction site around June 2012, ordered F of the E-work team leader F of the E-work team, who received a hearing from the victim, to sell accessory materials (such as large lines, connected iron plates, voltages, sponsers, etc.) by faithfully managing ancillary materials owned by the victim as above, and in violation of the duty to return the proceeds from selling ancillary materials to the victim, and used F of the sales proceeds of KRW 18,50,000 for expenses.

As a result, the Defendant acquired financial benefits equivalent to KRW 18,500,000 from the sale price of attached materials to F, and suffered damage equivalent to the same amount as the victim.

2. When the defendant is in charge of the business of claiming the progress payment of the subcontractor, he shall claim the progress payment only for the construction work that the subcontractor actually proceeds.

Nevertheless, the Defendant violated his duty to claim payment for the completion of construction works from November 201 to October 2012 only for the construction works actually undertaken by the subcontractor in order to receive a large amount of progress payment from the portion ordered by the subcontractor, and thus, violated his duty to claim payment for the completion payment to the victim, and the Defendant’s destruction of the structure, which is not done from G, the subcontractor, from November 201 to October 201, to October 201, (excluding the destruction of rain, sewage, water pipe, etc.) 10.128 cubic meters from the outer soil removal 5,00 cubic meters, 4,000 cubic meters from the outer soil removal 5,00 cubic meters, and the compact 220ac meters from the compact.