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(영문) 서울고등법원 2013.11.08 2013노2478
업무상배임
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to misunderstanding of facts and misunderstanding of legal principles (as to the violation of the Framework Act on the Construction Industry for Defendant C, E, H, and hereinafter “H”). (1) According to Article 9(1) of the Framework Act on the Construction Industry, Article 7 of the Enforcement Decree of the Framework Act on the Construction Industry, and attached Table 1 of the Enforcement Decree of the same Act, construction works in which railroads and tracks are installed, or construction works for specialized construction works that can be performed only by constructors registered with the Minister of Land, Transport and Maritime Affairs; (2) The instant S falls under “railroad” pursuant to Article 3 subparag. 1 of the Urban Railroad Act; (3) during the instant construction works for X and Y production, X is the main structure in which the main structure of the instant S is the main direction and the lower part of the vehicles; and (4) In light of the Ministry of Land, Transport and Maritime Affairs and the Korea Special Construction Association, the aforementioned construction works for X and Y production (hereinafter “the instant construction works”) constitute construction works or construction works in the form of the instant railroad.

Therefore, it is difficult to recognize that the instant construction constitutes “construction works or railing construction works installing railroads and tracks.”

The court below determined that it is difficult to recognize the criminal intent of violation of each Framework Act on the Construction Industry to Defendant C and E, and there is an error of law by misunderstanding facts and misunderstanding legal principles.

B. Defendants A and B, D, E, F, and G of the lower judgment’s sentencing: Imprisonment with prison labor for one year and six months, suspended execution for three years, Defendant B: one year and six months, suspended execution for three years, and suspended execution for three years.

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