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(영문) 수원지방법원 2019.10.11 2019고합245
배임수재
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is the head of the business division of E Co., Ltd., whose business is to install Suwon-si D and air conditioners, Defendant B is the head of the business division of the above E Co., Ltd., and Defendant C is the actual operator of G Co., Ltd, whose business is to install Dongdaemun-gu Seoul and air conditioners.

E A. On March 19, 2013, the E Co., Ltd. received a subcontract for air conditioner installation works from H Co., Ltd. (hereinafter “Co.”). On March 5, 2014, around March 25, 2014, the E Co., Ltd. subcontracted air conditioner installation works to G during air conditioner installation works, including re-subcontracting air conditioner reclamation works, etc. during air conditioner construction works.

Defendant

A was in charge of the management of the construction site and the management of sub-subcontracts that are being performed by H, and Defendant B was in charge of the overall business affairs such as receiving orders from the said H as the head of the business affairs of Defendant E and examining the selection of sub-subcontracts.

1. On March 19, 2014, Defendant A and B received illegal solicitation from Defendant B to the effect that “A would be entitled to the reclamation of cooling pipes in the additional construction site subcontracted by H.” from Defendant B, Defendant B at the above E office, stating, “A, the representative of G, who was the business entity that was re-subcontracted for the reclamation of air-conditioning pipe pipes at the I construction site at the I site at the I site at the I site at the I site at the I site at the time, would be entitled to additional construction in relation to the above H construction site.” Defendant B received an illegal solicitation by the method of approving the re-subcontract of cooling pipes reclamation works to G related to the additional construction site, including the transfer of KRW 2 million from Defendant B from April 19, 2014 to the L bank account in the name of Defendant B from the date of the crime list, as stated in the attached Table.

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