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(영문) 부산지방법원 2017.09.13 2016고단6298
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was working in the business management position from November 1, 201 to March 31, 2015 at the victim (main) C (hereinafter “victim”) who is engaged in the construction materials Do and retail business, interior service business, construction business, etc. (hereinafter “victim”) and was working in the business management position from November 1, 2011 to March 31, 2015 (exploitation on March 31, 2014, but at May 12, 2014), was in charge of the establishment of a new customer, the management of the existing customer, and the overall business affairs of the company, and at the request of the Customer, there was a duty to enable the Corporation to work at an appropriate price on behalf of the victim company.

1. On June 2014, the Defendant received a request from D for the construction of the 1st floor parking lot of the 1st floor, the studio damfer, which is set up in the B-si and the B-si (hereinafter referred to as the “S-si”), but did not report it to E, the representative of the victim company, in violation of the above duties, and did not enter into the said construction contract under one’s own name, thereby causing property damage equivalent to seven million won in the construction cost to the victim company. The Defendant acquired property profits equivalent to the said amount.

2. On October 2014, the Defendant: (a) received a request from the Fund for the installation of a tent room for the previous generation in relation to apartment construction located in Ulsan-gu G, Ulsan-gu; (b) in violation of the above duties; (c) instead, (d) instead of reporting to the said E; and (d) instead, (e) introduced the construction to the said E, a competitor, and (e) let I receive orders; and (e) caused damage equivalent to KRW 30 million in the cost of the construction to the victim company; and (e) caused I to obtain pecuniary benefits equivalent to the said amount.

3. On March 2014, the Defendant received a request from F for construction of a damer at a parking lot in Suwon-gu, Busan, the Busan, and paid an estimate, in the name of the victim company, and in violation of the above duties, the Defendant is required to destroy an estimate made in the name of the victim company, and to destroy an estimate made in the name of the victim company. The Defendant is F in the name of K on April 24, 2014, after withdrawal.

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