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(영문) 수원지방법원 안양지원 2016.09.23 2016고단935
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant works in the Victim (State)C from January 4, 2014 to September 2015, the Defendant is a person who was awarded a subcontract to the said C (State) as a site warden of the “D Construction Center (D Corporation)” and was engaged in supervision at construction site and human resources management.

From January 201 to December 2014, the Defendant: (a) around 15th of the 2014th of the 15th of the 2014th of the 2014th of the 2014th of the 2014th of the 2014th of the 2014th of the 15th of the 2014th of the 2016th of the 306th of the 176,05,000 won in total, as indicated in the list of crimes, had the 176,005,000 won paid to the 2nd of the 2nd of the 3nd of the 3nd of the 3nd of the 3nd of the 3nd of the 3nd of the 3nd of the 2014.

As a result, the defendant acquired economic benefits equivalent to the above amount from E et al. and suffered damages equivalent to the same amount to the above victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Application of a list of comparison of public demand for output of workers employed on the spot, a copy of the monthly wage request, each work day, night safety work plan, and a copy of each worker's payment confirmation document;

1. Relevant statutory provisions for criminal facts, Articles 356 and 355(2) of the Criminal Act for the selection of punishment, grounds for sentencing of sentence of imprisonment [the scope of punishment recommended in the sentencing guidelines] - Type 2 (not less than 100 million won but less than 500 million won) in the basic area (one to three years) [decision of sentence] - Unfavorable circumstances: the amount of damage is not minimal, and damage is not recovered. - The favorable circumstances are more favorable.

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