beta
(영문) 광주지방법원 2017.07.20 2017고단1875

배임증재

Text

Defendant

A Imprisonment for one year, each of the defendants B and C shall be punished by imprisonment for six months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as the representative director of G Co., Ltd. (hereinafter “G”) engaged in the business of construction of steel reinforced concrete works, civil engineering works, etc. in the Southern-gun, Defendant A subcontracted construction works to H Co., Ltd. (hereinafter “H”) from around 2013 to around 2015 and its affiliate companies.

A. I related part I is the director of the public service division of J Co., Ltd. (hereinafter “J”) who has been in charge of overall subcontracting business management, including the selection of subcontractors and construction site management.

On July 5, 2013, the Defendant issued KRW 91,050,000 in total on 24 occasions from July 5, 2013 to April 13, 2015, including the transfer of KRW 2,00,000 from July 5, 2013 to the Agricultural Cooperative (K) account of I, in addition to an illegal solicitation to the effect that “a request to receive orders from H and affiliate,” the Defendant received orders from H and affiliate companies,” and provided property in relation to I’s duties.

B. L-related part L is a J’s managing director, who works as a site manager of the second stud studio of the Nam-nam Joint Innovation City Mtel before Gwangju, and has been in charge of overall construction process management, such as construction site management.

Around December 6, 2013, the Defendant offered L with an illegal solicitation to the effect that “the Defendant may assist L in carrying out construction works so as to be closely and smoothly,” along with the delivery of KRW 3 million to L from December 6, 2013 to February 16, 2015, including the delivery of KRW 19,000,000,000 from December 6, 2013 to February 16, 2015, and made an illegal solicitation as to L’s duties, and provided assets.

(c)

B Related parts B are the chief of J's department who works as the site manager of the construction site of the construction site of the new apartment complex in the administrative complex city and has been in charge of overall construction process management, such as construction site management.

The Defendant around March 15, 2013.