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(영문) 서울동부지방법원 2012.12.07 2012고합137
특정경제범죄가중처벌등에관한법률위반(배임)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. From September 1, 2007, the Defendant, from around September 1, 2007, managed the construction and work of E University (hereinafter referred to as “victim, private school, or E University”) operated by the Korea Institute of Dental Research, which is the victim, with overall control over the construction and work of the E University, and deliberated and decided on important matters related to the building in E University.

The construction division of the E University has established and implemented a plan for related affairs when the E University constructs a new building, and important matters are finally determined after deliberation and resolution by the Construction Committee after obtaining approval from the Foundation.

Therefore, the Defendant, who is in charge of the construction and business affairs and the executive secretary of the construction committee, is a good manager’s care, has a duty to carefully report the method of awarding the contract so that the construction committee can adopt the method of selecting a lawful and appropriate successful bidder on the basis of the principle of good faith, and to ensure that the bid process is lawful and appropriate so that the victims do not suffer property damage.

On June 24, 2008, the Defendant attended the Construction Committee related to the construction of the E University Student Center held in the 10th floor G conference room of the E University located in Gwangjin-gu Seoul Special Metropolitan City as an executive secretary and reports on the method of bidding and successful bid by applying the "Act on Contracts to Which the State Is a Party" to the construction supervision services and the selection of the construction contractor at the student hall, and reporting on the method of bidding and successful bid, unlike general competitive bidding and the selective bid, it is explained that the construction committee is operating as a construction cost expert such as the president of a university and the principal secretary in which the property problem falls short of interest.

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