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(영문) 청주지방법원 2018.05.25 2017고단1197

업무상배임등

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for one year.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is a victim’s “F apartment site G” that was performing the construction works for destroying the F apartment site in Sejong City, and the network H (the death of May 30, 2016) works as the victim’s “J” that was created in Sejong City as the site warden, and from the end of January 2013 to the said victim’s “F apartment site G” and served as the site warden for the construction works for destroying the F apartment site. Defendant B is the victim’s site warden who was subcontracted by the said victim’s company for the construction of the F apartment site related to the construction of the F apartment site related to the construction of the F apartment site in Sejong City.

On the other hand, Defendant A, Defendant B, and the above H are the site directors of the above construction site and have overall control over the construction site for each victim company, such as the claim for construction cost, construction site work, general affairs, etc., and thus, they are obliged to pay only the cost corresponding to the equipment actually provided if they are to pay the cost of equipment to the subcontractor.

1. The defendant A and the defendant B’s joint crime is the site director of the F apartment site destruction construction project, which was awarded by the victim’s "G G with limited liability", and the above victim company will complete the construction project at the cost of 78% of the total amount of the above construction project 1.3 billion won.

However, in fact, as the cost equivalent to about 75% of the amount of receiving orders can be borne and completed even, the difference can be raised and the defendant B, who was the site warden of "K corporation," a sub-project owner of "K corporation," around April 25, 2012, had provided equipment, such as dump trucks, at the construction site."

L, M, and N are demanded to cut false tax invoices and they do not actually provide the above L, M, and N with equipment, despite the absence of actual provision of equipment, M, and N, M and N are provided with equipment equivalent to KRW 32,895,500 over two occasions, respectively.