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(영문) 대구지방법원 포항지원 2018.01.10 2017고정225
업무상배임등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was engaged in the management and responsibility of all matters on the construction site as the site manager of the victim's ‘C'.

1. On January 29, 2016, the Defendant entered into a contract for a 'Ftel’ under the name of the president of the land E in violation of his/her duties as an on-site warden at a 'C' office located in P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P at P, for calculating the total area of KRW 1,279 square meters per square meter at KRW 45,000 in total as at P at P at P at P at P at P at P at P at P at P at P at P at P around February, 2016, the Defendant claimed construction work for the construction work in relation to the US, waterproof, waterproof, and ston.

Accordingly, the Defendant suffered property benefits by remitting down payment of KRW 10 million from the victim's "C" and the intermediate payment of KRW 15 million, and suffered property benefits from the victim's "C" (mainly), and suffered property damages to the victim's "C" (=4,000,000 won - (32,000 x 1,279 square meters).

2. On May 2016, at a place where it is difficult to know the place for fraud, the Defendant filed a claim by facsimile for the payment of the unpaid, waterproof, and Ston construction cost of the F during the new construction of “F” in H at the time of racing, including KRW 31,00,000, as well as the waterproof construction cost of KRW 430.

However, the facts showed that the Defendant did not perform waterproof and waterproof construction work equivalent to KRW 14,527,00 in 199.

As such, the Defendant, by deceiving the victim, claimed the amount of unclaimed construction cost of KRW 14,527,00 in 199, KRW 14,527,00, but failed to achieve the purpose.

Summary of Evidence

1. A witness I and each legal statement in G;

1. Each police statement made to I, G, and E;

1. Application of Acts and subordinate statutes to a contract, estimate, and detailed statement of deposit transactions;

1. Relevant legal provisions on criminal facts, Articles 356, 355(2) of the Criminal Act (the occupation of occupational breach of trust), Articles 352, 347(1) of the Criminal Act (the occupation of attempted fraud) and the choice of each fine (the commission of fraud).

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