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(영문) 울산지방법원 2014.01.27 2012고단2234
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From February 26, 2010 to January 31, 2012, the Defendant is the head of the field office of the Victim B Co., Ltd., a construction business chain, who is in charge of the management of all the construction sites, such as the employment of human resources and use of materials in the Ddodones construction site in racing-si.

1. From December 12, 201 to December 15, 2011, the Defendant had a duty to faithfully perform the use of materials and the management of human resources at the construction site for a damaged company at the construction site. However, the Defendant used materials owned by the victimized company to G Hete G Hete Corporation with four persons belonging to the victimized company, such as U.S. and materials owned by the victimized company in U.S. F., Ulsan, without obtaining permission from the victimized company. As such, the Defendant claimed labor costs, etc. for the victimized company and received KRW 1.440,00 won for personnel expenses, 1.2 million for materials, and 440,000 won for production from the victimized company.

As a result, the defendant violated his occupational duties, thereby acquiring a total of 3080,000 won property interest and causing property damage equivalent to the same amount to the damaged company.

2. Although the Defendant had a duty to faithfully perform the employment and management of the human resources at the construction site and at the construction site for the victimized company from around September 24, 2011 to December 31, 2011, the Defendant claimed personnel expenses for the victimized company as if he had worked at the above construction site, and received KRW 5,40,000 from the victimized company, even though he had not worked at the above construction site, the Defendant had a duty to faithfully perform the employment and management of human resources at the construction site.

As a result, the defendant violated his occupational duties, thereby acquiring property benefits equivalent to KRW 5040,00,00 and causing property damage equivalent to the same amount to the damaged company.

3. Although the Defendant, from September 201 to December 201, was obligated to faithfully perform the employment and management of human resources at the construction site from the above DD construction site, and on behalf of the victimized company, the Defendant is a East I, J, K, and ASEAN.

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