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(영문) 인천지방법원 2019.06.13 2018고단6551
업무상배임
Text

The defendant shall be innocent.

Reasons

1. On August 4, 2016, the Defendant is the head of the site office of the construction company of the victim B, which is operated by the victim B, and around March 27, 2017, the Defendant served as the head of the site office of the building site of the building owner D and the construction cost of KRW 720,000,000,000 for the construction cost of the building owner D and the construction cost of the building site of the Gandong-gun E (hereinafter “the construction site of this case”).

On May 8, 2017, the victim awarded a subcontract for the instant new construction works to an enterprise called “F”. However, due to the conflict between C and F, the parties who terminated the subcontract and directly employ those who work at the site and pay wages directly to them. The wage was distributed to the other party upon the collective payment to G, who is the working party representing the human father.

The Defendant, at the instant construction site, engaged in the work of claiming the construction price to C head office with respect to the weather price generated at the construction site, including the wage of the number of copies working at the construction site, and thus, had the duty to claim accurate amount, he did not recover the difference from the G that received the construction price, and received the difference from the G that received the construction price to be used for personal purposes.

On August 23, 2017, the Defendant demanded the head of the Working Group G to “the transfer of money excluding the personnel expenses of the father, from among the money transferred from the head office as required to be used for material expenses, to the account in Korea” at the construction site of this case, and the same year from the same day.

9. By the time of August 18, 200, the head office C submitted a daily work contract, etc. of the parts who did not work at the actual site to request excessive construction amount, and made the victim pay the construction price of KRW 73,550,750 to G as shown in the table of sight (1), and from August 23, 2017 to the same year;

9. By not later than December 27, 200, a total of KRW 27,893,000 from G shall be returned from G, as shown in the Schedule (2) to its personal use.

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