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(영문) 청주지방법원 2019.07.11 2018고단2549
업무상배임
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the defendants, the two-year period from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a director of G Co., Ltd. (hereinafter referred to as “G”) who has been awarded a contract for Section 2 civil engineering works (hereinafter referred to as “G”) from June 1, 2015, among the projects for the creation of the F in the Ethical Republic of Korea in the D local governments, who works as the head of the said Section 2 site and managed and supervised all the duties on the construction site.

Defendant

B The president of the H Association, as the representative, was awarded a subcontract for part of the mid-term work, such as soil and sand transportation, which occurred in the two construction sections from G from G, and was engaged in mid-term work at the two construction sections as well as members of the said association.

Defendant

C is the Deputy Director of G's Office, who has reported the progress of the construction of the Section 2 and has been in charge of the payment of the construction cost to the subcontractor.

Defendant

A and Defendant C conspired to pay the victim G money by receiving a false claim for the construction cost from Defendant B by falsely claiming the construction cost in excess of the actual working days of soil and sand transport work, and by receiving a false claim from Defendant B upon Defendant B’s false claim, Defendant A and Defendant C received a false claim, excluding the actual construction cost.

Defendant

B Accordingly, in preparing a document claiming construction cost on September 30, 2015 at the H Association’s office located in J on September 30, 2015, as well as a document claiming construction cost on September 2015, B, the Defendant C shall prepare and submit to the Defendant C a document claiming construction cost, such as a certificate of mid-term work performance, a statement of transaction statement, and a statement of the transaction statement, stating that the Defendant C violates his/her duty to accurately report construction cost to the subcontractor for G and thus violating his/her duty to make the payment of construction cost, and thus, C shall make a false statement of the amount of construction cost to be claimed by the Defendant for the payment of the construction cost, stating the amount to be paid as KRW 2,18,60,00 for the actual work in the F Section 2 (3,784,00,2706,000, 2,008,600).

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