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(영문) 수원지방법원 2015.06.17 2014고단4180
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 2012 to May 23, 2013, the Defendant was working as the branch office of the branch office of the branch office of the party branch office of the victim (the representative F, hereinafter referred to as “victim”) (the “victim company”) located in the Category D building 502 located in Seongbuk-gu, Sungnam-si.

The defendant has a duty of care to work in good faith for the benefit of the company while working as an employee of the victim company in the branch office of the victim company.

Nevertheless, even though the Defendant promised in the victim company that the Defendant provided 30 bonds received from the branch office as cost, the Defendant was willing to undertake the construction work by establishing a separate company (G) under the name of the Defendant as of May 1, 2013 on the ground that the construction work does not proceed smoothly, and by concluding a contract with G and a construction contract established by the Defendant through a side agreement with the policyholders who entered into the contract with the victim company.

1. Around February 13, 2013, the Defendant entered into a construction contract with H, the ordering person, to newly construct a wooden house in the name of the victim company, with the amount of construction cost of KRW 135 million, in the name of the victim company.

Nevertheless, the Defendant excluded the victim company, and concluded a construction contract again in the name of G to be established by the Defendant, in violation of his/her duties, and entered into a construction contract in the name of G, which is scheduled to be established by the Defendant on March 28, 2013, and entered into a construction contract with G on May 10, 2013, and completed a construction contract with G on May 10, 2013, and received KRW 139 million from the said H as the construction cost, and newly built a wooden house.

Accordingly, the defendant violated his duties, thereby causing considerable damages to the victim company and acquiring pecuniary profits equivalent to the same amount.

2. The Defendant related to the new construction of a wooden house in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, shall have the construction cost of KRW 80 million in the name of the victim company around March 2013.

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