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(영문) 부산지방법원 2017.01.20 2016고합818

배임수재

Text

1. Defendant A shall be punished by a fine of six million won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

[Status of Defendants and previous conviction-related relationship] Defendant A is the president of H, a corporation located in Busan Jin-gu G, Busan, and was in general in charge of the work of H’s fund disbursement related to the construction of J apartment in Busan-gun I, and the work of granting the so-called “Jin-type restaurant (short-type restaurant operated by the work site)” in the construction site.

Defendant

B As the representative director of H, Defendant A was in charge of the overall business of the company with the final approval of Defendant A, and on December 11, 2014, the Ulsan District Court sentenced Defendant B to the suspension of the execution of six months of imprisonment for a violation of the Industrial Safety and Health Act, and the said judgment became final and conclusive by dismissal of the final appeal on May 24, 2016.

Defendant

C is a person who has been in charge of the business of the above certified architect office in the process of performing the construction design, supervision, and various kinds of authorized and permitted services as a result of the construction of J apartment while operating the L architect office, M architect office, Inc., Ltd., which is located in Busan J, Busan, though there is no certified architect qualification. On October 29, 2014, the Busan High Court sentenced 3 years of suspension of the execution of imprisonment with labor for 2 years and 2 billion won of fine for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Busan High Court, and decided on November 6, 2014.

[Criminal facts]

1. The Defendants’ joint crime committed by the Defendants: (a) requested that Defendant C pay KRW 150,000,000 to Defendant A and Defendant B, who is in charge of the business of operating the restaurant at the construction site of the H office, to receive KRW 150,000,000,000 from the NO to operate the restaurant by operating the so-called “Wem cafeteria (a simple restaurant operated at the work site)” (hereinafter referred to as the “K”) in 2011; and (b) delivered the O’s proposal to Defendant A and Defendant B, who is in charge of the business of operating the restaurant at the H office, want to receive KRW 150,000,000,000 from theO by consenting thereto.