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(영문) 수원지방법원 2016.09.08 2016고정192

업무상배임

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

A project for national human resources development consortium is a project for workplace skill development training conducted for workers, prospective employees, job seekers, etc. by an institution certified by the Korea Industrial Human Resources Management Corporation, and receiving a national subsidy under the pretext of training expenses, etc.

The defendant is the head of G, which is an affiliated organization of the FF University Industry-Academic Cooperation Foundation established for the above consortium project, and has overall control over the affairs of the above Center, including the establishment of necessary business plans, budget, claim for expenditure expenses, etc.

On May 2012, the Defendant promoted the “I” of 3-day 4 hours of 4 hours of stay as China’s Green Doro, as in May 2012, from the above G located in Suwon-si, Suwon-si H, Suwon-si, Suwon-si.

The workshop was planned to establish an organic cooperation system with the above enterprises in the participation of the representatives of the enterprises which have concluded the above consortium project agreement with the victim, and to discuss the development of the latest educational program meeting the needs of the enterprises.

Therefore, the Defendant carried out the workshop in compliance with the purport of the establishment of the above center and the planned purport of the workshop, and as a good manager’s care, there was an occupational duty that should not inflict any damage on the victim by properly using the funds of the victim in accordance with the purpose of the workshop.

Nevertheless, the Defendant violated the above occupational duties and, on July 5, 2012, traveled abroad from July 1, 2012 to July 4, 2012, under the pretext of holding the said workshop at the G N N N N N N N N N N N N N N N NE to July 4, 2012, while the representative of the enterprise related to the above consortium project, without any participation, went together with 5,198,198,920, including 5,198,920 won for travel of 3 persons overseas travel expenses of the above J, K and L, and L, even though he did not participate at all, and the representative of the enterprise with respect to the above consortium project, took part in the above workshop expenses.