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(영문) 서울중앙지방법원 2015.04.23 2014고합1445

업무상배임등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 11, 2010 to May 7, 2013, the Defendant works in F Co., Ltd., Ltd. (hereinafter referred to as “F”), a specialized company for retaining retaining walls and specialized companies (hereinafter referred to as “F”), together with G, as its representative director; and H, from February 1, 2011 to May 7, 201, has overall control over business affairs concerning overall management of retaining walls and construction works in Seoul office;

7. Until February 20, 2012, a person who works as a F business director and, from February 20, 2012 to February 20, 2012, works as a representative director of I Co., Ltd. (hereinafter “I”) with reinforced earth retaining wall construction business.

1. On August 10, 2010, the Defendant in occupational breach of trust and H were selected as the operator of the K facility project, which is the J prior to the KJ, for the purpose of obtaining the retaining wall of the K facility project (hereinafter “the retaining wall of this case”) from the K K facility construction, the Defendant operated a business so that the L&A, a patent right holder, can be reflected in the construction design stage, and thereafter, the F&M, in order to take the retaining wall of this case, submitted a estimate of supply value of KRW 876 million on November 10, 201 to obtain the retaining wall of this case, and conducted price negotiations several times after submitting a quotation of supply value of KRW 876 million on the Hanhwa Construction.

Although the Defendant, as a person in charge of overall business in F, made best efforts to conclude contracts, such as the Han Construction who is a prime contractor and the adjustment of construction amount, in accordance with the duty of due care of a good manager, and had a duty to enable F to take over the above construction works, the Defendant, in violation of that duty, renounced the custody wall construction in F to take over the retaining wall construction in F, and received money from H in return for having the I representative director receive the said construction works.

The Defendant, among March 2012, 2012, purports to the effect that “The Defendant, in front of the Seoul Seoul Seoul Office, may waive H from F to take the retaining wall construction for K facility projects in F, and reduce half of its profits so that I can take the retaining wall construction for K facility projects.”