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(영문) 수원지방법원 평택지원 2012.10.17 2012고합204
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From October 2, 2009 to March 2, 2012, the Defendant worked as the head of the business of “E”, which is an enterprise leasing temporary materials operated by the victim C in Ansan-si, and leased the temporary materials owned by the victim and returned them from the lessee.

1. Occupational breach of trust;

A. In relation to the calculation of the rent for temporary materials, the Defendant had the duty to calculate the rent for the temporary materials according to the lessee’s area at the construction site.

Nevertheless, on January 22, 2010, the Defendant: (a) leased the temporary materials owned by the victim to Nonindicted F on behalf of the victim on behalf of the victim; (b) in violation of the above occupational duties, the Defendant suggested that “F shall report to C the area of the construction site less than the actual area and reduce the rent to be paid by the Party; (c) later, 50-60% of the reduced rent shall not be recovered even if the material is damaged or lost by the party; and (d) upon receipt of the said proposal, the Defendant leased the temporary materials to F with the amount of KRW 850,000,000, which is less than the reasonable rent to obtain pecuniary benefits of KRW 850,000,000 from the victim; and (c) acquired the same amount of money from January 22, 2010 to September 28, 2011 to the lessee; and (d) acquired the said amount of money equivalent to KRW 10,500,000 in total, including the above pecuniary benefits from the lessee.

B. When the Defendant is in charge of the above duties, the duty to confirm whether the leased object was lost or not, and if there is a loss or loss, the Defendant had the duty to receive the indemnity.

Nevertheless, the Defendant leased G’s “H” construction from G on July 17, 2011.

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