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(영문) 서울중앙지방법원 2016.09.23 2015고합1202
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant entered the victim E Co., Ltd. (hereinafter “E”) in 1988 and worked for a department related to overseas projects and civil engineering projects; (b) from March 2009 to February 2, 201, the Defendant served as the site manager of Vietnam G project from around 1 to February 3, 201; and (c) from March 201, to March 2013, the Defendant managed and supervised the selection of subcontractors and the performance of funds related to construction, while working as the head of Vietnam project, who performs overall control over the local project in Vietnam, including the construction of H Highway.

On February 25, 2011, the Defendant entered into a subcontract for road packing works (hereinafter “instant subcontract”) among the said construction works (hereinafter “instant construction works”) with K and L upon the request of the E representative director, upon the request of the I on February 25, 201. The contract amount was agreed to be Vietnam Eastern (VND) and the contract amount was at the end of 2011. Since the contract was entered into, there was not only the commencement of road packing works but also the pre-construction works, there was no advance payment to the said K and others.

The Defendant, upon request from I, has been doing so, who was traveling between October 16, 201 and October 20, 201, is trying to help I work for the Company.

In order to hear the end of "I," I, I, after reporting to the effect that J will make an additional payment of the price for the construction work from the He hotel located in Hano-on to J through unnecessary changes in the contract, and the victim's funds are substantially increased by using an increase in the value of US US dollars value at the time of the change in internal policies to pay approximately 30 percent of the contract price to K and L to Luxembourg around October 26, 201, by changing internal policies to ensure that the construction work is to be paid in US US US US US US US US dollars (USD). The road packing work has yet to be completed even before the commencement of the road packing work, but the victim's funds are to be paid KRW 1,00,000,000,000 by means of making false payments.

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