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(영문) 서울동부지방법원 2018.05.24 2018고단676

배임수재

Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The victim LAD is a company that has been awarded a contract for G sales interior interior works in Gangnam-gu Seoul Metropolitan Government F by E-LLC, and H is a company that has been awarded a subcontract from the victim company for a large-scale repair project in the outside of the foregoing construction works (hereinafter referred to as “instant construction”).

Defendant

A From December 2014, the victim company started to work as a site manager of the victim company, and from July 2016, A worked as the PMF at the above G store construction site, and engaged in contracting work, such as evaluating the appropriateness of the construction estimates submitted by the subcontractor company of the instant construction project. As such, the victim company has a duty to ensure that the contract of the instant construction project is concluded based on an adequate estimate with the subcontractor company.

1. In violation of the above occupational duties, Defendant A: (a) heard that Defendant A’s technology attached to H (ju) affiliated with the subcontractor of the instant construction project was submitted a written estimate set at KRW 270 million from a private person B to the victim company on August 2016; (b) demanded B to submit a so-called “business (UP) estimate”; (c) to return part of the amount of the final construction cost to be entered into and the amount of the said KRW 270 million arising from the difference between the said KRW 270,000,000, and B accepted this.

Accordingly, on August 8, 2016, B submitted a written estimate of KRW 3565,00,000, which reflects the case amount to be provided to the Defendant, to the victim company. On August 17, 2016, the victim company entered into a subcontract with the construction price of KRW 330,000,000 in consultation based on the “business estimate” submitted by B, and the victim company transferred advance payment of KRW 145,20,00 to H (State) bank account under the said contract.

Then, as of August 31, 2016, H (State) received a remittance from the victim company, B entered into the instant construction agreement with the victim company of this case.