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(영문) 대전지방법원 2019.05.08 2018고단4466
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 30, 2017 to April 3, 2018, the Defendant is a person who works for a victim B Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) as a warden and has been engaged in on-site management and materials placement work.

1. On January 31, 2018, the Defendant, as a director of the victim company, has a duty to faithfully order materials necessary for the field work, and the Defendant placed a false order for pipes (STS PIPE 50A7, 65A7) equivalent to KRW 1,649,340 in violation of the above duties at the site of the D pipeline construction performed by the victim company located in Tonju-gun, Jeonju-si, Seoul, and carried them out of the actual site after being provided them on the above site.

Accordingly, the defendant acquired the above 1,649,340 won property benefits and suffered property damage equivalent to the same amount in the victim company.

In addition, from that time until March 30, 2018, the Defendant acquired a total of 27,750,360 won of the market price through the same method, such as the attached Table I, from that time until March 30, 2018, and suffered property damage equivalent to the same amount in the victim company.

2. The Defendant in breach of trust in the course of voluntary use of a mobile phone for business purposes received one mobile phone from the victim company, and there was a duty to refrain from using the aforementioned mobile phone for any purpose other than the business, and there was a duty to refrain from using the said mobile phone after withdrawal of the victim company. However, on April 1, 2018, in violation of the aforementioned duty at an unspecified place, he/she paid KRW 10,00 for the said business purpose when purchasing FM money 4,000, while purchasing the said mobile phone from EM in violation of the said duty.

Accordingly, the defendant acquired the above 110,000 won property benefits and suffered property damage equivalent to the same amount in the victim company.

The Defendant, including this, was in 2018.

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