(영문) 서울남부지방법원 2019.06.12 2018고단6139

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(영문) 서울남부지방법원 2019.06.12 2018고단6139

업무상배임

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Basic Facts] Defendant A serving as the Executive Director of the Victim (State)C (Representative D) and dealt with all duties related to the Victim E Corporation (hereinafter “the Construction Site”). Defendant B constituted a consortium with F (State) and (State)G with respect to the Construction Site, and cooperation of F (State) so that LH can be supplied from the Construction Site at the Construction Site.

【Criminal Facts】

1. On January 15, 2015, the Defendants’ co-principal (occupational Breach of Trust) concluded a subcontract with the victim (owner)C in relation to the construction site. After doing so, the victim entered into a sub-subcontract with the victim (owner) and subsequently, entered into a contract with the victim (owner) to add KRW 72,00,000 to the actual construction cost, and conspired to use the said KRW 72,00,000 for return from H to the actual construction cost.

The Defendants breached the duty of having the victim pay only the amount equivalent to the actual construction cost to H when entering into a contract with the victim (State). On March 2, 2015, the Defendants prepared a written contract for the construction work with the victim (State) at the victim's office located in Guro-gu Seoul and J around March 2, 2015, setting the contract amount of KRW 52,00,000 as the contract amount, plus KRW 72,00,000,000 from the actual contract amount of KRW 480,000,000 from the actual contract amount of KRW 4,670,000 from the victim (State): around March 19, 2015; KRW 9,670,000 from the L Bank account (M); KRW 14,505,000 from the bank account in the name of the above K; and KRW 100,000 from the actual account in the name of the Defendant (State); and KRW 2010 (B) from the actual account.

As a result, the Defendants conspired to violate their occupational duties and thereby acquire the same amount of property interest.

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