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(영문) 광주지방법원 순천지원 2015.02.11 2014고단1672
배임수재
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

131,00,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant, as a technical director of D (hereinafter referred to as “D, and the actual representative E), is a person in charge of subcontracted business management, field work management, etc. at various construction sites performed in D, and is a good manager, who has a duty to promote the interests of the Defendant and fairly select a subcontractor, and to manage the construction cost to be appropriately calculated and paid.

D around 2012, in the field of civil engineering works ordered by Songcheon Construction Co., Ltd. (hereinafter referred to as the “Titcheon Apartment Construction”), D was awarded a contract for the fields of civil engineering works of the “Titcheon Apartment Construction Co., Ltd., and held site site meetings to select sub-contractors of the above civil engineering works (hereinafter referred to as the “Titcheon Construction”), and decided to select subcontractors on the basis of the estimates, expected construction costs, etc. submitted by the participating companies, after receiving bid estimates from the participating companies.

On June 2, 2012 through July 7, 2012, the Defendant accepted the case at the request of G (H representative director, a corporation established around September 27, 2012, and hereinafter “H”) which is a constructor, as follows: “When the Defendant is selected as a subcontractor, it would help him/her participate in the site site meetings without a license for construction of the golding Construction, and help him/her select as a subcontractor.”

On July 8, 2012, the Defendant introduced G to I, who is the director of the site of the instant earth and construction site, thereby enabling him to participate in the Jeju Building site conference, and attempting to select G as a subcontractor of the instant earth and construction project by recommending G to the actual representative of D and providing bid-related information to G.

around September 2012, the Defendant was selected as a subcontractor for the instant earth and construction project and entered into a subcontract agreement with H under the name of H on October 25, 2012, the Defendant from G around January 10, 2013 in return for such selection.

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