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(영문) 인천지방법원 2013.07.18 2012고합1451

업무상배임

Text

Defendant

A and B Imprisonment with prison labor for one year and six months, defendant D with prison labor for six months, defendant E with prison labor for one year, and defendant F.

Reasons

Punishment of the crime

1. Around February 2005, the Incheon Urban Transport Corporation (hereinafter “H”) intended to perform the “T Installation Work” for the installation and operation of S in approximately 6.1km section between the Incheon Q and R (hereinafter “instant construction”). On January 24, 2008, through the public tender of the Public Procurement Service, H Co., Ltd. (hereinafter “H”) was selected as the public tender on January 24, 2008.

H entered into a subcontract with G Co., Ltd. (hereinafter referred to as “G”) for the purpose of manufacturing electric machinery and appliances located in Gangseo-gu Busan Metropolitan Government (hereinafter referred to as “G”), around November 12, 2008, with the construction cost of KRW 1,683,000,000. On April 30, 2009, H entered into a subcontract with the construction cost of KRW 1,197,700,000.

On the other hand, from October 2008 to May 2009, Defendant C, from May 2009 to May 200, Defendant A, as the site manager of each H, has overall control over the execution of the instant construction work.

Defendant

B From May 2008 to the date of H system team leader, the H system team leader was in charge of the management and supervision of the electric, telecommunication, signal, machinery, and vehicle-related construction during the instant construction work.

Defendant

D as a staff in charge of H’s management from May 2008 to October 2010, he/she was in charge of accounting, safety management, labor management, etc. related to the instant construction project.

Defendant

E is the representative director of G, and Defendant F, as a temporary director of G, has overall control over the subcontracted construction work from H.

2. Criminal facts;

A. Defendant A, Defendant E, Defendant F, and Defendant D’s occupational breach of trust are the head of H’s field director, who exercises overall control over the instant construction work. In the event that a subcontractor, including G, claims for various construction works or services, and after examining whether the subcontractor actually performed the construction works or services corresponding to the price, he shall have H pay only the amount corresponding to the actual construction work.