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(영문) 서울중앙지방법원 2016.07.04 2015고단6847
업무상배임
Text

Defendant

A Imprisonment with prison labor for four months, for eight months, for eight months, and for six months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

Defendant

B was a person who was in office as a regular manager of the victim H construction management team located in Gangnam-gu Seoul Metropolitan Government from November 201 to June 2012, 2012; Defendant C was in office from January 2012 to September 2012 as the head of the victim company’s construction management team and the head of the construction site of the J bridge from January 201 to September 2012; Defendant A was awarded a subcontract for the production of the above bridge.

1. Defendants B and A’s joint crime is the managing director of the victim company’s construction management team, and Defendant B concluded a subcontract contract with respect to the production of the above bridge, and concluded a subcontract contract with the subcontractor based on the estimates submitted by the subcontractor and concluded a subcontract contract with the appropriate amount. However, Defendant B had a duty to preserve the interests of the victim company by concluding a subcontract contract with the subcontractor. However, Defendant B did not pay back the contract price to the amount equivalent to the uneas

Accordingly, the Defendant entered into a mutual coffee shop in Seocho-gu Seoul Metropolitan Government, Seocho-gu, on December 2, 2011, with Defendant A, a subcontractor, to set the total construction cost as KRW 500,000,000,000, more than the estimated amount equivalent to KRW 400,000,000 presented by the said A, and demanded the said A to refund the increased difference compared to the initial estimated amount. Defendant A promised to return the increased difference at the request of the said B, and affixed his seal on the said contract.

Accordingly, the Defendants conspired to make up for the above construction amount, thereby having the Defendant A acquire the claim for construction price of KRW 100 million against the victim company and causing property damage equivalent to the same amount to the victim.

2. Defendant C and A’s joint crime is the head of the construction management team of the victim company, and Defendant C had a duty to preserve the interests of the victim company by preventing the implementation of unnecessary budget related to the construction project as a field leader of the construction project of the above bridge. However, Defendant C was first the victim company.

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