(영문) 인천지방법원 2020.10.30 2020고정1313

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자간(%)

(영문) 인천지방법원 2020.10.30 2020고정1313

업무상배임등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person in charge of labor supervision, etc. as the head of the working group at the site of interior works in the construction site of the C factory interior factory interior in Yeongdeungpo-gu, Chungcheongnam-gu, and D is a person in charge of the management and supervision of the interior works site of the above C factory interior works as the head of the construction site of the victim E Co., Ltd.

In collusion with D, the Defendant: (a) in violation of the occupational duty of managing and supervising the actual workers to claim wages to the extent that the actual workers worked on behalf of the victim company; (b) applied for wages by falsely stating labor content, such as the wage ledger, and (c) was already paid by F, a primary company of the above factory construction; and (d) thereby deceiving the victim company, thereby deceiving the victim company to cause damages to the victim company by deceiving the victim company under the name of the wage by double claim for wages from the victim company.

Accordingly, D, around January 2019, submitted a false wage ledger to the victim company at the construction site of the above C factory and from January 5, 2019, by deceiving the victim company by claiming wage, and caused the victim company to pay KRW 31,364,650 to the defendant agricultural bank account in the name of the defendant, and the defendant transferred KRW 4,100,000, which is the excess of the above amount, to the defendant's agricultural bank account in the name of the defendant as of January 15, 2019, and received KRW 16,740,000 from around March 5, 2019 to March 5, 2019.

Accordingly, in collusion with D, the Defendant acquired pecuniary benefits by deceiving the victim company and taking property from the victim company at the same time in violation of duties and caused damage to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The suspect interrogation protocol of the police as to D.

유사 판례

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