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(영문) 대전지방법원 2017.11.03 2017고정1207
업무상배임
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 1, 2009, the Defendant joined Daejeon-gu D and served as an operator of the E Environmental Business from January 1, 2014.

E is entrusted with the collection and transportation of living and food wastes by concluding a contract for the entrustment of cleaning projects with the head of the Daejeon Metropolitan City F.

As an operator of an environmental business office, the defendant is performing the duty of collecting food waste entrusted by the damaged person of E, and return the completion certificate of payment of food waste used to an environmental business office within the designated place of business so that the victim can retire and dispose of it thereafter.

On October 2016, in order to promote the interests of G by violating the above duties, the Defendant sent five copies of the payment of food waste to G per heading KRW 7,200,000 to G in the vicinity of the apartment site located in Daejeon Dong-gu, Daejeon-gu, 136.

As a result, the Defendant had G obtain property benefits of KRW 33,500, and suffered damages equivalent to KRW 36,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to G, H and I;

1. Relevant Article 356 of the Criminal Act concerning the facts constituting an offense and Articles 355 (2) of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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