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(영문) 서울중앙지방법원 2014.06.20 2014고합411
배임수재
Text

1. Defendants A and C shall be punished by imprisonment for one year, by imprisonment for each of them, by ten months, and by imprisonment for six months, respectively.

2...

Reasons

Punishment of the crime

1. Defendant A, B, and C’s breach of trust is the head of the G site of the Gangnam-gu Seoul Special Metropolitan City H apartment construction work, which was subcontracted to the KH apartment construction company (hereinafter “SH company”) by the KH company in charge of the KH company (hereinafter “SH company”) under the contract with the KH company in charge of the KH company (hereinafter “G”), and as the construction was subcontracted to the KH apartment construction site under the condition that G would bring the earth and sand into the above construction site, even though there was an occupational duty not to receive money such as soil and sand from the private transport company bringing into the above construction site, Defendant B and C at the management office of the above construction site around March 2012, after receiving the soil and sand from the KH company in charge of the construction site, and appointed Defendant B and C as the “the KH company in charge of the construction site” of the above construction site.

Accordingly, Defendant B and C received illegal solicitation from the private transport enterprises to offer money if they take them into the construction site. From March 13, 2012, Defendant B and C received the illegal solicitation.

5. Until May 1, 200, 115,543,000 won was transferred from the above soil transport enterprises in the above construction site, after having 6,401 pump trucks carried in a quantity of 6,401 pump trucks at the above construction site, such as the list of crimes (1) in the annexed list of crimes.

As a result, the Defendants conspired to acquire financial benefits equivalent to KRW 115,543,00 in return for an illegal solicitation in connection with Defendant B’s affairs of bringing-in of earth and sand.

2. Defendant C, D, and E’s breach of trust (hereinafter “I”) was delegated by K, which is the head of the I’s site office, with respect to the construction project in Gangnam-gu Seoul, Gangnam-gu, Seoul, for which the KH Corporation was awarded a contract for the said construction project on the condition that I would bring the earth and sand into a stage at the said construction site, and thus, Defendant D was awarded a contract for the said construction project on the condition that I would bring the earth and sand into a stage at the said construction site. Accordingly, the amount of money from a private soil transportation company bringing into a earth and sand at the

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