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(영문) 창원지방법원 2011.11.18 2010고단3202
배임수재
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a responsible investigator who served from December 1998 to June 21, 2007 as the head of the D Academic Research Office, a foundation, and directed and supervised all affairs related to the investigation of cultural heritage.

The implementer of construction works, the project area of which is not less than 30,00 square meters, shall conduct a surface inspection of cultural properties, and this surface inspection shall be conducted by a specialized institution related to cultural properties determined and publicly notified by the Administrator of the Cultural Heritage Administration in accordance with the standards prescribed by the Ordinance of the Ministry of Culture and Tourism, and shall submit the report of investigation to the Administrator of the Cultural Heritage Administration (the cost shall be borne by the contractor), it is reasonable to continue the construction work on the basis of such

Therefore, as a person in charge of the investigation of cultural properties, there is a duty to conduct excavation and investigation on the basis of facts about the actual state of cultural properties regardless of the interests of construction-related persons and make adequate time and human resources efforts for such excavation and investigation.

In addition, in relation to the investigation of cultural heritage, the construction contractor is bound to reduce the investigation period, reduce excavation costs, and minimize the obstacles that may arise from the construction for the protection of cultural heritage. Therefore, as a person in charge of the agency conducting the investigation of cultural heritage, he/she shall not accept money or valuables to the purpose of solicitation for such interests of the construction contractor.

As the head of D academic research office, the defendant was responsible for the surface inspection and excavation investigation of cultural heritage related to the Haan-gun apartment housing construction project in Haan-gun, Haan-gun, Hanam-gun, and had F Co., Ltd. (G) take charge of the excavation and investigation of cultural heritage related to the site of the project.

Nevertheless, the defendant is the chief of the D Arts Research Office at Changwon-si around June 30, 2004.

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