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Reasons
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(영문) 의정부지방법원 고양지원 2016.09.01 2015고단3314
업무상배임
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From October 7, 2013 to October 15, 2015, the Defendant, as the head of the strategic planning team in Seongdong-gu Seoul Metropolitan Government Victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”), was engaged in duties related to interior construction, such as selection of subcontractors, preparation of estimates, field supervision, etc., and was engaged in subcontracting of the Victim Co., Ltd., Ltd., the Defendant had a duty to select subcontractors suitable for construction capacity, installation cost, profits of the Victim Co., Ltd., and to conclude contracts in the direction of the most beneficial interest for the Victim Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”).

Nevertheless, on December 2, 2013, the Defendant requested and accepted rebates to the effect that “the amount of KRW 100 million from 90,000 to 100,000,000 out of the construction price,” from the Defendant’s office located in Seongdong-gu Seoul, would allow the said E to enter into a subcontract by unfolding the construction price of KRW 845,00,000,00,000, including the amount of rebates of the victim’s interior building construction work.”

Therefore, on January 7, 2014, the Defendant received KRW 10 million from G, a trading partner of the foregoing E, to a national bank account (H) in the name of the Defendant, under the pretext of rebates, from G, as well as from that time to May 8, 2014, the Defendant was transferred KRW 96 million in total eight times as shown in the list of crimes in attached Table, from that time.

As a result, the Defendant violated his duties, thereby acquiring pecuniary benefits equivalent to KRW 96 million, and causing the same damages to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Second time a protocol concerning the examination of suspect of the accused (including part concerning the E-examination);

1. Statement to the prosecution of I;

1. Protocol concerning the interrogation of each police suspect regarding E;

1. The investigation report is related to the suspect; and

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