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(영문) 대구지방법원 포항지원 2018.04.04 2017고정298
업무상배임방조
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who worked as a factory site of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Seoan-gu, Seoan-gu from July 1, 2007 to August 15, 2014, and F is a subcontractor who entered into a subordinate contract with the victim company.

The injured company entered into the upper-tier contract with F as above and paid the cost of the special work at a unit price per person with respect to the portion of the special work cost. As the defendant, the head of the injured company, as the head of the injured company, had a duty to confirm whether the F employee was actually engaged in the special work and pay the cost when claiming F's special work cost.

Nevertheless, around January 2014, C violated the above occupational duties and even though G did not work as an actual F’s employee on holidays, C paid the victim Company KRW 810,000 for the unique work period of February 2014, including F’s claim details on the special work period of January 2014, thereby having the victim Company paid KRW 450,00 for the special work period of February 2014, KRW 360,00 for the special work period of March 2014, KRW 720,00 for the special work period of April 2014, KRW 450,000 for the special work period of May 30, 2014, and KRW 30,000 for the special work period of May 30, 2014, KRW 30,000 for the special work period of May 30, 2014, and KRW 305,300,300 for June 30, 2014.

As a result, C violated the occupational duty, thereby getting F to gain profit and causing damage to the victim company.

On January 2014, the Defendant received request from C to prepare the unique number of days of G as the number of days he/she has designated from F, a subcontractor that entered into a franchise agreement with the victim company. As above, C violated his/her occupational duties, thereby having C pay the unique number of days of G not specially assigned on holidays.

C As above, around January 2014, at the victim company office around January 201, F’s office was peculiar to F in January 2014.

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