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(영문) 대전지방법원 논산지원 2016.06.14 2016고정8
업무상배임
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Since 2000, the defendant has been working as a regular director who is the director of the business department of the victim DF, and has been engaged in the overall management of the business department.

According to the above D's business plan, 50,000 won should be paid as a medical care expenses only when a member is hospitalized in a hospital for at least one week, since the member is required to pay 50,000 won as a medical care expenses, and only when a member is hospitalized in a hospital for at least one week.

Nevertheless, the Defendant did not confirm whether he was hospitalized for at least one week in violation of the occupational duty that must comply with the above budget execution requirement, and paid 50,000 won to the members of the 20 members, such as the payment of 50,000 won to the E who was hospitalized on September 29, 2014 as the illness expenses, as indicated in the attached list of crimes.

Accordingly, the defendant acquired 20,000 won in total from 50,000 won to 20,000 won of each member, and suffered damages equivalent to the same amount of the above DF.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. The defendant and his/her defense counsel did not have any intention to commit occupational breach of trust or to obtain unlawful intent at the time of committing the crime as stated in the judgment, as to the assertion of the defendant and his/her defense counsel.

The argument is asserted.

However, according to the evidence adopted and investigated by this court, the defendant, at around September 15, 2014, was pointed out by the auditor H with respect to the execution of non-budgetary budget of the sick Bill, which failed to meet the requirements for payment by the auditor H, even after receiving a written confirmation of hospitalization and a written diagnosis from the union members, approved the non-hospitalized union members to pay the expenses of the sick Bill for at least seven days without confirming that the period of hospitalization is at least seven days, and recognized the fact that the sick Bill was executed.

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