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(영문) 울산지방법원 2017.01.11 2016고단4122
업무상배임등
Text

Defendants shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive, each of the above punishments shall be executed for two years.

Reasons

Punishment of the crime

Defendant

A On November 12, 2015, the Ulsan District Court was sentenced to two years of suspension of execution in June of imprisonment without prison labor due to a crime of occupational negligence, etc. at the Ulsan District Court on November 12, 2015, and the judgment was finalized on October 1, 2016.

The victim H shall be a company that carries on the business of the manufacture and installation of a vessel and steel structure, and Defendant A shall be a contractor that, from June 16, 2014 to August 31, 2015, has invested a substitute worker according to the contract with the damaged company. Defendant B shall be a person who, from April 2014 to August 2015, has been engaged in the business of management, supervision, etc. of the number of employees engaged in contact work, such as preparation of a daily report.

In accordance with the above contract with Defendant A, the injured company paid the wage of the employed worker on the basis of the work log to Defendant A’s account or the account of each worker employed in the contact. As such, Defendant B had a duty to accurately record the actual working situation of the employed worker on the work log.

Nevertheless, at the early 2015 early 2015 early 2015, Defendant B prepared a work log as if the work had been completed against a worker who did not actually put in, and Defendant A collected the wages of the worker who was not actually worked at the victimized company based on the work log above.

Accordingly, Defendant B prepares a false work log on January 1, 2015 as if I (the number of persons necessary for a certain work is expressed as labor hours or labor days) 160,000 won per day between January 1, 2015 and January 1, 2015, and Defendant B claims the damaged company for the payment of divided wages on January 2015, based on I’s daily work log, on the ground of the above work log. Accordingly, Defendant B claims for the payment of KRW 3960,000 on January 10, 2015 by claiming the amount equivalent to KRW 3968,000,000 from the victimized company through an employee in charge of the victimized company to believe it as true.

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