업무상횡령등
[Defendant A] Defendant A shall be punished by imprisonment with prison labor for one year and six months.
Defendant
A 40,000,000 won shall be additionally collected from A.
Defendant .
Punishment of the crime
[Presumption of Facts] The F (State) is a company established around May 28, 1997 for the purpose of the construction, management, and operation of the road, and from around September 1, 2002, manages the said road when collecting G tolls opened through a private investment scheme by Daegu City from around September 1, 202. H (the indictment of detention on January 15, 2018) takes office as the representative director of the F (State) from around July 4, 2012 to take charge of the operation, fund management, etc. of the said company. Defendant A is the head of the facility team of F (State) and Defendant B is the owner of the said H’s Dong, and Defendant B is the head of J’s business and the head of KJ is the person who actually operates H as the friendly head of H.
Defendant
A and H concluded the Convention between Daegu-si and the victim company: (a) the victim company would receive management operating expenses equivalent to KRW 70 billion in total from Daegu-si to 2016 in half-year from the end of 2012 to the end of 2016; (b) the victim company would be paid for each quarter of the total amount of KRW 70 billion ( personnel expenses, management expenses, etc. for road and facilities); and (c) the change of the management operating expenses for three years after reflecting the amount of the management operating expenses used for the three years thereafter (i.e., June 27, 2012), which would be able to reorganize the amount of the management operating expenses used for the three years thereafter (i.e., the victim company's excessive or false appropriation of the management expenses for the maintenance of the victim company; and (d) in Daegu-si, the victim company would have received the above management operating expenses by making a false statement as if most of the management expenses were used; and
[Criminal facts]
1. The Defendants jointly committed the crime ordered the Victim Company’s Remuneration Construction Work, etc. to Defendant B’s operation I, and received the excessive construction cost after paying it.
Accordingly, around May 2013, Defendant A ordered the construction cost of KRW 25,960,000 to “Tolth floor painting construction work” and paid the construction cost. Defendant B, around May 15, 2013, returned KRW 8 million in cash to Defendant A and Defendant A around that time.