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1. Defendant A shall be punished by imprisonment for not less than two years and six months;
2. Defendant B shall be punished by imprisonment for six months.
except that this shall not apply.
Reasons
Punishment of the crime
[2011 Highest 5353]: Defendant A was the site manager of G Co., Ltd. who was awarded a subcontract for the “public waters reclamation work of F District E” in Yong-Namnam-gun from Hanyang-dong Construction Co., Ltd., and Defendant B performed the overall management and supervision of the subcontracted part of the above construction work. Defendant B was the person who subcontracted the soil and sand transport work of the above construction site under the name of H and transported earth and sand at the above construction site.
1. The Defendants in breach of occupational duty committed occupational breach of trust with respect to the price of earth and sand to the above construction site by 200 won per square meter (in cubic metres), claiming the Victim G Co., Ltd. for the payment of the price of earth and sand, and 100 won per square meter after receiving the price of earth and sand from the victim company.
In accordance with the above agreement, in violation of the occupational duty that requires soil to be supplied at an appropriate price, the supply unit price of earth and sand in the Jeonnam-gun I was appropriate for KRW 2,900 per capita, but around January 2007, at the victim's office located in the Gwangju Mine-gu, Gwangju-gu, the victim's representative director L; Defendant B entered the victim's name in the victim's representative director M; Defendant B entered the above FF area's reclamation site in the name of H representative director M; and Defendant B entered the above F area's public waters reclamation site in the above F area's public waters at KRW 3,100 per Table, and Defendant A entered into a contract for soil and sand bringing into the above "Jtopy" and obtained approval from the victim company at that time.
In addition, although the supply unit price of the “Otop” earth and sand located in Jeonnam-gun N is adequate, the above victim company office around June 1, 2008 according to the above agreement, and the Defendants entered into a contract with the same method to bring the said “Otopp” into the said “Otop” to KRW 2,900 per 1 year, and the Defendant A reported the terms of the contract to the victim company around that time.