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(영문) 창원지방법원 2013.09.04 2011고단4014
배임수재등
Text

1. Defendant A’s fine of KRW 4,00,00, and Defendant C, E, and F are fine of KRW 6,00,000, and Defendant D and H are fine of KRW 3.0.

Reasons

Punishment of the crime

[2] Defendant A worked as a branch office from March 1, 2009 to February 28, 201 (hereinafter “R”) to work as the head of the respective branch office in Gyeongnam branch office from March 1, 2009 to February 28, 201. Defendant C works as the head of the division in the R branch office from May 18, 2007 to May 18, 2007, and has been in charge of construction order, construction contract and subcontract execution, subcontractor management and construction management, etc. Defendant D is an agent from March 1, 2009 to March 1, 200, Defendant E is from April 1, 2005 to February 1, 2005, Defendant F from April 1, 2004 to February 209 to June 3, 2007 to June 30, 200 to June 37, 200, Defendant G used as the head of the construction company from June 20, 2003.

1. Where a contractor who violates the Framework Act on the Construction Industry intends to subcontract any construction works corresponding to specialized works among his contracted construction works, he shall subcontract such construction works to any constructor who has registered the business category of performing the relevant specialized works;

Nevertheless, on April 30, 2009, Defendant A subcontracted the removal work (70,909,091 cost) and toilet work (18,181,818 cost) to U (business owner) without registration and subcontracted the construction work to a non-registered business entity as described in attached Table 1-63 from April 2, 2009 to April 26, 2010.

2. Defendants C, D, E, F, G, and H’s breach of trust are employees of RW branch offices, with the duties of entering into a subcontract agreement and managing construction works for which R was contracted.

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