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(영문) 대구지방법원 안동지원 2012.07.17 2012고단305
배임수재
Text

Defendant

A A A A with a fine of KRW 2 million, Defendant B with a fine of KRW 15 million, Defendant D with a fine of KRW 6 million, Defendant D with a fine of KRW 6 million.

Reasons

Punishment of the crime

1. Defendant B

A. From September to August 201, 208, the Defendant in occupational breach of trust is a field director of the construction site for the project to create the Chungcheongnam-do H Rental Housing Complex under the jurisdiction of the Defendant Company G, and is engaged in the supervision and field management of the entire project progress. In making a proposal for requesting the payment of construction price to the victim Company G, the Defendant has a duty to claim only the construction price that the subcontractor performed on the site.

Nevertheless, at the defendant's office located at the construction site around November 2008, the defendant was provided with false tax invoices and contracts for the construction project not actually implemented, such as the expenses for the selection of a borrow theater, from the representative J of I Co., Ltd., the subcontractor at the above construction site. Based on this, the victim claimed the construction cost of KRW 12,300,000 for the payment of the construction cost to I by the victim, and then the above construction cost was returned from I in cash.

In addition, from around that time to August 20, 2010, the Defendant used the construction price of KRW 118,045,000 in total by the same method 16 times, such as the list of crimes (1) in attached Form 1.

Accordingly, the defendant acquired property benefits of KRW 118,045,00 and suffered property damage equivalent to the same amount from the victim company.

B. On December 17, 2008, the Defendant was issued one million won in cash upon receiving an unjust solicitation to the effect that, in the process of construction management and supervision, convenience should be considered, such as setting the rates of soil and sand at the Defendant’s office located at the above construction site at a higher level, at the I’s site manager, at the Defendant’s office located at the above construction site, the Defendant received one million won in cash, when considering convenience in the process of construction management and supervision.

In addition, from around that time to August 2010, the Defendant is in total as shown in the annexed list of crimes (2).

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