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(영문) 대구지방법원 2015.01.15 2014고단4905
배임증재
Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 2007, G is a person in charge of the construction, safety, design, change of construction contents, and decision-making of progress payment of the subcontractor company, such as the Dispute Resolution Council, the Dispute Resolution K, the Dispute Resolution K, the Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd., and the defendant A is a representative of the Dispute Resolution Co., Ltd and the defendant B was a representative of the Dispute Resolution Co., Ltd., and the defendant B was a representative of the Dispute Resolution Co., Ltd.

2. Criminal facts;

A. G and the Defendants’ occupational duties are the field director of the K-based construction site of the K-U.S. K-U. and the K-U.S. (State) H performed by the K-U.K., taking overall control of the field work of subcontracted companies, such as construction, safety, design change, modification of the contract, and payment of progress payment, etc., and have a duty to fairly manage and supervise them, and to be provided with any form of monetary benefits from subcontractors and other business persons.

Nevertheless, the above G may exercise its de facto influence on the subcontractor’s headquarters or the Korea Environment and Nuclear Agency, the main office or the ordering office of the subcontractor with respect to the payment of the progress payment for the subcontractor and the reflection of the modification of the design for the additional construction works of the subcontractor. The subcontractor used his subordinate position to deal with another’s business and intended to receive money and valuables in exchange for illegal solicitation in relation to his duties. The Defendants, as the representative director of the subcontractor related to the above construction project, were willing to offer money and valuables in response to the foregoing G’s illegal solicitation regarding the reflection of the modification of design

B. On April 5, 2010, Defendant A awarded a subcontract for the said I work at H site office located in P at P at P at P at P at P at P at P at the same time, and provided the said G with the purport that “The actual construction cost is added more than the amount of the original construction contract as variables such as geological and water during construction, and it is necessary to execute the progress payment early and pay the amount of the advance payment, as it is necessary to pay the advance payment.”

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