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Reasons
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(영문) 대전지방법원 공주지원 2017.09.01 2017고정54
업무상배임등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

(b) claim the cost of the construction material;

Around June 11, 2015, the Defendant transferred KRW 1,988,560 to one bank account (K) in the name of J as the price for B electrical construction materials, KRW 2,947,920 to L’s National Bank account (M) around August 10, 2015, KRW 2,000,000 to N’s Suhyup Account (O) around September 10, 2015, and KRW 2,00,000,000 to the Korean bank account in the name of P around September 23, 2015.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

B. On October 2015, the Defendant claimed that R Co., Ltd., which supplies materials used for the above construction at the site of B electrical construction located in Gangseo-gu Seoul Metropolitan Government, collect materials more than those actually used for the said construction, and received the amount claimed by the said R and received the refund from the said R to use it at will.

In fact, the Defendant was supplied only “HFBT (5C) 4,600 m, UTP CAT.5E (4P) 8,100m, which is electrical construction material from the above R, and was supplied “HFBT (7C) 800m, F-CV (4C *10S Q) 40m,” and presented to the effect that the Defendant prepared a transaction statement to request the victim to pay the material price.

The Defendant had the injured party pay KRW 4,315,190 to the said R as the price for the said construction materials, and received KRW 1,500,000 from the R.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. The defendant's statement at court, 2017, 54;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Each police statement made with H and F;

1. "Written statement of complaint, fact-verification, contract for supply of goods, and details of supply" 2017 high-level 55;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made against H and S;

1. Each investigation report (to listen to the telephone communications of I representative Telecommunication and the statement of complainants);

1. A complaint, a certificate of deposit confirmation, a statement of each transaction, a standard subcontract agreement for construction works, a construction subcontract contract, a confirmation letter, a new data by each bank, and a note.

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