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(영문) 광주지방법원 2021.03.18 2020고단6321
업무상배임
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On December 14, 2017, the Defendant was sentenced to a suspended sentence of three years on December 22, 2017 by imprisonment with prison labor for special injury in the Southern Branch of the Gwangju District Court, etc., and the said judgment became final and conclusive on December 22, 2017.

[Criminal facts]

1. The Defendant, from around 2014, was serving as the head of a structure, factory, or group in the Seoul Special Metropolitan City Dispute Resolution Co., Ltd. for the installation of solar power facilities in Ansan-si B, and was engaged in affairs such as managing the figures and material prices of the above structure and factory.

As seen above, the Defendant was the head of the structure factory or factory team of the victimized company, and thus, there was a duty to properly pay the wages of the employee working in the above structure according to the number of working days and to preserve the property of the victimized company.

Nevertheless, the defendant did not comply with the above occupational duties and let the part of the daily worker in the above structure factory claim against him more than the number of days actually worked, and he did so by receiving a return from the part of the daily worker.

Accordingly, even though the Defendant did not have performed the act of denying D at the above structure factory of the damaged company, the Defendant had the accounting staff of the victimized company transfer 2,535,000 won to the Agricultural Cooperative Account (F) under the name of D’s wage, as if he had done this act at the office of the above structure factory around September 5, 2014, and received the refund from D from D, from March 13, 2015, including from that time, the Defendant returned 17,920,000 won in total of eight times as shown in the attached crime list 1 of the day of crime list 20 to March 13, 2015.

Accordingly, the defendant obtained property benefits in violation of his occupational duties and caused damage equivalent to the same amount to the damaged company.

2. The Defendant who claims excessive material costs shall be governed by the Dispute Resolution Co., Ltd. as set forth in the above paragraph 1.

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