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(영문) 청주지방법원 2017.09.13 2016고단2836

업무상횡령등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

C As management directors from around February 7, 2013 to around February 7, 2013, from G Co., Ltd., the contractor for the construction of a building project and all construction works ordered by the educational foundation F, the closing group D Religious Group E, and the management directors have been in charge of the construction of a building in H University established by the said foundation as the representative director from February 7, 2013 to February 7, 2013.

Defendant 1 was working as the representative director from around 2006, and had overall control over the construction work at H University.

J as a certified architect who operates L architect office in Gangseo-gu Seoul Metropolitan Government, K 1523, signed a design service contract with the school juristic person F around October 2007 and performed the duties of design and construction permission application in H University as proxy from that time to that time, and entered into a supervision service contract with H University from February 2009 to that time, and has been in charge of supervising construction works in H University.

M served as an employee of the above L architect from December 201, and from around that time to August 2015, M worked as a supervisor at the H University Building Construction site and vicariously performed the work of authorization and permission related to the above L architect construction.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the Mayor of a Special Self-Governing City, a Special Self-Governing Province, or the head of a Si/Gun/Gu, and shall obtain permission from the competent permitting authority before the project owner changes matters permitted under the Act

Nevertheless, the Defendant, in collusion with C, J, and M, extended the “Management Dong (P)” (2, 6th above, 27, 579.36th below) (a religious facility, which was a religious facility that was aware of “O” at H University located in Chungcheongbuk N from October 2012 to around February 2013, without obtaining permission from the competent authorities.

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