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(영문) 인천지방법원 2014.02.14 2013고정2566

업무상배임미수

Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A, from March 2, 2012 to November 19, 2012, from March 2, 2012, to March 2, 2012, 2012, had been working as the site director of the victim E company located in the third floor of the building in Gangnam-gu Seoul Metropolitan Government, selected the subcontractor after receiving a written estimate from the subcontractor company at the construction site, managed the work site, and requested the subcontractor to pay the settlement

Defendant

A is repeated to receive the subcontractor of the damaged company by reducing the settlement amount more than the amount stated in the actual estimate at the existing construction site.

For the purpose of improving the relationship with Bosio Korea Co., Ltd., we have tried to pay the subcontractor's complaint to the head office by adding the amount of money to the actual contract price to the subcontractor's contract in the construction work which is received by DNA Korea Co., Ltd.

Accordingly, on November 5, 2012, Defendant A requested that the subcontractor pay the subcontract price of KRW 8,500,000,000 to the contract amount of Song Fish Co., Ltd., a subcontractor, KRW 13,50,000,00,000, the contract amount of Yu Tish Construction; KRW 6,100,000,000,000,000,000,000, more than KRW 9,900,000,000,000, and 2,50,000,000,000,000,000,000,000,000,000,000, in addition to the contract amount of Taesung La, a subcontractor, at the office of the public service team of the damaged company.

As a result, Defendant A tried to inflict losses on each company, such as making payments of KRW 15,00,000 more than the construction cost to be actually paid by the victimized company, and at the same time obtaining profits equivalent to the same amount of each company. However, Defendant A attempted to discover the original settlement statement in the above construction site prepared within Defendant A’s computer and not to pay the exaggerated settlement amount.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Criminal facts;