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(영문) 서울중앙지방법원 2014.06.12 2013고합881

배임수재

Text

Defendant

A Imprisonment with prison labor for a period of three years and six months, and imprisonment for a period of two years, respectively.

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

Reasons

Punishment of the crime

1. From September 2008 to December 2009, Defendant A placed an order on the part of the Gyeonggi-do Urban Project and received orders from H stock company, and was in charge of construction management, such as management, supervision, process (construction cost), performance (construction cost), progress payment, change of construction amount, etc., as the head of the site of the same construction site, who was delegated by H stock company from January 201 to January 2012.

The Defendant received the following money by taking advantage of the fact that the contractor, who gives the subcontract, is in a subordinate position affected by the head of the site office, in the payment of the payment for the completed portion or the change of the construction cost, has the duty to fairly handle the management, supervision and construction management of the subcontractor, and should not receive any form of monetary benefits from the contractor or any other person related to the subcontractor in relation to the work.

J-related property in breach of trust, the Defendant received from H Co., Ltd., the actual operator of J, who was awarded a subcontract for the construction of traffic facilities and the installation of soundproof facilities during the work of the I2 Section from H Co., Ltd., and received from H Co., Ltd., the amount of KRW 30 million in cash, such as the increase of construction convenience and construction costs, from L site offices adjacent to the K D D D D D D D D D D D D D D D D D D Dgg-gu in Suwon-si in Suwon-si in Seoul Special Metropolitan City on November 2008, and received KRW 1.67 billion in total from September 30, 201, from that time until September 30, 2011, by receiving KRW 1.67 billion in exchange for unlawful solicitation in connection with its duties.

B. On December 2009, the Defendant, as H’s subcontractor, demanded that N’s representative director of M Co., Ltd., which was ordered to undertake construction of a passage gambling Ma4 visa among the construction works in the above Section I2, provide for the increase of construction cost, etc., and deposit the subcontract price with the J Co., Ltd.’s account following that M Co., Ltd. subcontracted construction works to the said J Co., Ltd..