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(영문) 의정부지방법원 2020.11.19 2020고단2764
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Basic Facts] B The Dispute Resolution Co., Ltd. (hereinafter “B”) is a construction company that received and executed a “E construction work” in Scheon-si, which was ordered by the Dispute Resolution Co., Ltd. from September 201 to February 2015, and F (the indictment of detention on May 21, 2019) works as the site manager of the construction work from September 201 to December 2013, 201, while serving as the site manager of the construction work in the construction site, and manages and supervises the subcontractor throughout the construction work. The Defendant was a person who was a victim G (the actual H Co., Ltd. and the representative director of the company or the victim of the company) who was a subcontractor of the construction work from around August 2011 to December 2014, and the said construction site manager was a person at the construction site.

F, around August 201, with the knowledge of the fact that G participated in the bidding of the re-subcontracted construction of the said construction project, but became a failed bid, the F recommended Defendant and I to re-tender by lowering the estimated amount after reaching a low bid. Ultimately, G was selected as the final successful bidder on the 31st of the same month, and entered into a sub-subcontract of the amount of KRW 19,085,000,000 with J, the subcontractor of the said construction project, and even thereafter, F, the same year.

9. On April 27, 2012, G made a new construction “Incidental Civil Works” separate from the foregoing civil construction works, and made G enter into a negotiated contract equivalent to KRW 1,917,30,000 for the construction work price with B. On April 18, 2012, the Defendant had F undergo additional orders for construction works and offered convenience in the process of construction works, by increasing the construction price of the said Incidental Civil Works to KRW 2,376,253,00, KRW 458,953,00.

【Criminal Facts】

F is on the beginning of April 2012, 2012, the Defendant, and the Defendant, “at a domination site.”

It is the same that K golf membership, which is in the wave of the golf, will be able to participate in the field of a week.

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