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(영문) 대구지방법원 포항지원 2015.02.12 2014고단804
업무상배임등
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

The Water Resources Corporation: (a) was selected as a contractor for the construction of the Nakdong River Section in Haan-gun, Haan-gun; (b) around February 2010, the Korea Water Resources Corporation entered into a subcontract with the Plaintiff E Co., Ltd. (hereinafter “E”); and (c) about KRW 30 billion construction cost for dredging and soil work; and (d) from February 201 to October 201, the Korea Water Resources Corporation entered into a subcontract with the Plaintiff E Co., Ltd. (hereinafter “E”) around 30 billion construction cost.

Defendant

A, a victim E’s field director at the construction site of the Nakdongdong River Section Section, takes charge of dredging and construction works, and Defendant B is in charge of managing and supervising the construction site as the managing director of the said company, and F (Death on May 8, 2014) provided equipment, such as dump trucks, to the representative of the said company, which is the subcontractor of the said company.

Defendant

A In general supervision over the construction work of the above construction site, when a subcontractor, such as G company, requests the payment of the price, after examining whether it actually performed the construction work or service corresponding to the actual construction cost, and then having the above company pay only the amount corresponding to the actual construction cost, in violation of his duties, A had a subcontractor-related person request the payment of false construction cost by deceiving the subcontractor-related person of the above company by issuing a false tax invoice, and then, he decided to return the portion excluding the amount corresponding to the tax amount, such as value-added tax, etc. from the price paid by the subcontractor-related person of the above company and return it to the defendant. The above F was a negative cycle against the defendant A or the defendant B, and even if the defendant B had the duty to manage and supervise the defendant A, the defendant B violated his duty and is to use the funds raised as above.

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