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(영문) 수원지방법원 2012.08.10 2011고단5943
업무상배임
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A and Defendant B, from September 20, 2001 to May 201, 201, worked respectively as the director and the director of the Ministry of Environment (hereinafter “G Ministry of Environment”) who is a de facto separate company operated by Victim E as an independent accounting system within the F Co., Ltd., as well as the person who has been engaged in the business of customers of the G Ministry of Environment and the business of environmental impact assessment.

During the victim's complaint about the operation of the G Ministry of Environment and having been able to operate a separate business independently from G Ministry of Environment on or around June 1, 2008, the Defendants listen to the fact that the owner of government-funded services, etc. in Incheon area, and I (hereinafter referred to as the "J Ministry of Environment") formed an environmental impact assessment agency and tried to perform the duty of environmental impact assessment agency (hereinafter referred to as the "J Ministry of Environment"), along with H, intended to register the name with K, L, M, and N as four of the ten technical human resources necessary for the registration of the agency for environmental impact assessment (i.e., the creation of the Ministry of Environment, but the work of environmental impact assessment was attempted to give a subcontract, so the registration of the agency for environmental impact assessment was conducted on or around July 1, 2008, and the Defendants and H agreed to accept the duty of environmental impact assessment among the services that I received, but failed to do so.

Accordingly, the Defendants had the ability to perform the work of environmental impact assessment among the services that I received from the victim by drawing up the G Ministry of Environment operated by the victim with hidden circumstances. However, only some of the services that I subcontracted to the G Ministry of Environment is subcontracted to the G Ministry of Environment, and the rest of the Defendants conspired to accept the subcontract through the companies that have been newly created.

Accordingly, around August 2008, Defendant A is the representative director of IO and JJ Ministry of Environment.

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