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(영문) 부산지방법원 2015.02.06 2014고단5991

업무상배임

Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is that the Defendant: (a) ordered the victim (ju)D to perform the duties of the head of the supervision group at the construction site from June 13, 2012 to April 13, 2013, who was delegated by the victim with supervision over the construction site of the industrial site development project for approximately KRW 97,740 square meters (H district) of the project site in Gyeyang-si F and Yangsan-si, Yangsan-si, which is being executed by E Company; and (b) the Defendant was a person who was delegated with supervision over the

At the above construction site office around September 18, 2012, the Defendant received a claim from E Co., Ltd. to demand payment of progress payment since it completed 100% of construction work (number of work 7,433 square meters) located in the above construction site. As such, the Defendant, upon on-site verification, etc., should carefully examine whether E Co., Ltd. properly performed construction work according to the construction details, and notify the victim of the determination of the amount of construction cost to be paid. Nevertheless, the Defendant violated his duty and confirmed the fact that the completion rate of private transport work located in the above excellent construction site is zero percent, and even if E Co., Ltd completed construction work in accordance with the details of request, submitted a written supervision report and submitted it to E Co., Ltd. on September 19, 2012, the Defendant made the victim to pay the total construction cost to E Co., Ltd. 404 billion won from 3,448,500,000,000 won to E Co. 414.

As a result, the Defendant acquired property benefits equivalent to KRW 45,1420,460 from E Co., Ltd., and suffered property damage equivalent to the same amount as the victim.

2. The Defendant intentionally committed a false act in breach of trust.