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(영문) 부산지방법원 2019.08.30 2019고합49
배임수재
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment with prison labor for one year;

B. 40 million won shall be additionally collected from the Defendant.

2...

Reasons

Punishment of the crime

[2019Gohap49] [Basic Facts] Defendant A was a deputy head of the company in charge of civil engineering in Gyeongnam-si, Kim Jong-si (Representative F) around February 2008, and was employed as a director in charge of civil engineering from around February 2015 to the director in charge of civil engineering from around February 2017. Defendant B was a person who was employed as the director in charge of the company's site management from around October 2014 to October 2016. Defendant C is a representative director of the company in Busan Gangseo-gu, and Defendant C is a representative director of the company in charge of the company in charge of private engineering.

On July 15, 2015, the Dispute Resolution Co., Ltd. entered into a contract with I to subcontract the steel frame construction portion of the above partnership building construction work with the amount of KRW 2.655 billion (the construction period: between August 1, 2015 and December 31, 2015; hereinafter referred to as “the steel frame construction work in this case”) and the construction work in the above partnership building with the Busan Gangseo-gu Council (the construction period: September 7, 2015 to December 31, 2015; hereinafter referred to as “the construction work in this case”), and the construction work in each of the above associations entered into a contract to subcontract the construction work in the construction site with the amount of KRW 2.31 billion (the construction period: the construction work period; December 31, 2015; hereinafter referred to as “the instant building construction work”) and each of the above construction works were subcontracted to the construction site in accordance with the above contract.

【Criminal Facts】

1. Defendant A’s breach of trust is a director in charge of civil engineering with the K in the construction site, who is in charge of managing and supervising the whole construction site. On September 1, 2015, Defendant A’s Grand Car established in the K in Gangseo-gu Busan, Gangseo-gu, Busan, in the construction site. Defendant A was in the position of having influence on the supervision of construction progress and the payment of progress payment, etc. while managing and supervising the whole construction site, and Defendant A was in the position of having influence over Defendant A’s management and supervision of the construction site, and if Defendant A performs construction supervision in accordance with the principle, it can be deemed that the air is extended or the settlement of price is not smooth, so the construction cost is paid at once and convenience in the construction supervision.

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