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(영문) 수원지방법원 2016.01.06 2015고단3439
업무상배임미수
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ joint crime is a business employee E of the victim E, a corporation that runs the business of building a new house from August 9, 2014 to October 10, 2014, and has been in charge of the duties of receiving contracts for building a new house of the said company.

The Defendants had a duty to not inflict property damage on the victim company by taking out contracts in good faith on behalf of the victim company and trying to maintain them.

A. On September 2, 2014, the Defendants: (a) found the Defendants in violation of the aforementioned occupational duties and recommended the Defendants to conclude a construction contract with the victim company and the Incheon Seo-gu, Incheon, on September 2, 2014; (b) concluded a design contract on the premise that the Defendants would be responsible for construction of the building to be newly constructed in the victim company and the Seo-gu, Incheon; and (c) concluded the construction contract with the victim company at a lower price than the victim company, the Defendants would not conclude the construction contract with the victim company; and (d) concluded the construction contract with the Defendants.

As a result, the Defendants conspired in violation of the aforementioned occupational duties and let G enter into a new building construction contract with the Defendants, not the victim company, thereby gaining pecuniary profits equivalent to the amount of the construction cost arising from the conclusion of the said contract, and attempted to inflict economic damage equivalent to the same amount on the victim company. However, G attempted to refuse to enter into a contract with the Defendants.

B. On October 11, 2014, at the I coffee shop located in H around the Namyang-si, Namyang-si, the Defendants violated the above occupational duties and have already concluded a design contract on the premise that he will be entrusted with construction of a building to be newly constructed in J in the victim company and the Namyang-si, Namyang-si, the Defendants would not have good financial standing of the victim company. Thus, the Defendants concluded an execution contract with the victim company. The Defendants are responsible for and responsible for the execution, and the execution contract with the LA operated by Defendant B after the latter.

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