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(영문) 의정부지방법원 고양지원 2014.04.17 2013고단1356
업무상배임
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

A is limited to “H” for convenience from around 2009 to April 2012 after “H” corporation.

The head of the external housing purchase team is a person who has been engaged in affairs such as the selection of a subcontractor for a construction project and the management of sites for civil works.

Defendant

B is the head of H’s civil engineering team from April 2004 to June 30, 2012, who has been engaged in the work of managing and supervising civil engineering works of subcontracted enterprises.

Defendant

C is a person who is engaged in the work of requesting construction project management company (the company that is to take charge of planning, feasibility studies, analysis, design, procurement, contracts, construction management, supervision, evaluation, ex post facto management, etc.) by ascertaining the details of construction as the director of H’s official duties from March 1990 to August 2012.

Defendant

D is “I” for convenience from August 15, 201 to April 4, 2012 after “I”.

is a person who has served as a representative director of the Commission.

Defendant

E is a person who has been engaged in the work awarded and on-site management as a managing director from November 2010 to April 2012.

Defendant

F is only “J” for convenience from October 2006 to “J” corporation from October 2006.

A person who has been engaged in the design and supervision of electricity, telecommunication, or fire-fighting construction while working.

1. Defendant A, D, and E, as the head of the external purchase team of the victim H, have the duty to select a bidder company at the lowest price as a subcontractor company when the victim selected a civil engineering work among the “ Home Perer K new construction work” that the victim was awarded a contract from the “ Home Perer Corporation” and a subcontractor company of a concrete retaining wall construction work.

Nevertheless, the defendant A violated his duties and submitted a estimate of KRW 720 million in the cost of defendant E at the victim's office located in Jung-gu, Seoul, Jung-gu, Seoul.

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