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(영문) 서울동부지방법원 2015.11.04 2014고정2025
업무상배임
Text

Defendant

A shall be punished by a fine for negligence of KRW 700,00, and by a fine of KRW 2,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

It is necessary to revise and supplement part of the facts charged without following the amendment of indictment to the extent that it seems that there is no concern about actual disadvantage to the defendants' defense right.

The victim consideration business is an enterprise that enters into a contract for the collection and transportation of domestic wastes with the Gangdong-gu Office around June 201 and vicariously collects and transports domestic wastes from the Sungdong-gu, the street dong, and the village dong.

In addition, according to the Gangdong-gu Seoul Metropolitan Government Ordinance on Waste Management and the above agency contract, the victim and the Gangdong-gu Seoul Metropolitan Government Ordinance on Waste Management and the victim sold the standard plastic garbage bags manufactured by the Gangdong-gu office to the waste discharging business establishments, but the victim paid the cost of manufacturing and treating the plastic garbage to the Gangdong-gu office. The victim entered into a contract for food waste disposal with the restaurant, etc. which is a food waste discharging business establishment, and discharged food waste in a general container which is not a standard plastic garbage bag in a restaurant, etc., and made an agreement that 30% of the cost of collecting and transporting the food waste shall be paid to the victim on the basis of the monthly amount of food waste discharged.

Defendants, E, and F as employees of the victim company, from January 2012, and from July 2012, Defendant A used a team from around July 2012 to around May 2013, Defendant A used to collect and transport vehicles, Defendant B and E used to collect discharged wastes and load them on the vehicle driven by Defendant A, and were in charge of the collection of domestic wastes from Gangdong-gu sexual Dong, etc. From around July 2013, Defendant B and E was in charge of the above duties together with the Defendants.

Therefore, the Defendants did not use the standard plastic garbage bags without permission.

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