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(영문) 수원지방법원 2014.04.18 2012고합582

특정경제범죄가중처벌등에관한법률위반(배임)등

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Defendants are innocent and each of them dismissed an application for compensation order filed by an applicant for compensation.

Reasons

1. The summary of the facts charged “2012 Gohap582” Defendant A is a person who works for the representative director of M Co., Ltd. (hereinafter “M”) from June 2005 to April 19, 2010 and has overall control over the said company’s business.

M on September 28, 2005, M entered into a construction contract with Q Co., Ltd. (hereinafter referred to as “ Q”) with respect to new construction works consisting of four underground floors, 20 stories above ground, officetels of 20 stories above ground, and two Dongs in neighborhood living facilities (hereinafter referred to as “instant real estate”) on the land of 1,188.9 square meters in Suwon-si, Suwon-si, Suwon-si, and 1,150 square meters above 1,150 square meters above ground.

The main contents of the above construction contract are ① Contract construction cost of the instant real estate shall be KRW 43,62,300,000, including value-added tax. ② All revenues related to the construction of the instant real estate and the sale of the instant real estate shall be received in the commercial bank deposit account in Q under the name of Q and jointly managed by M and Q. ③ Where the remaining construction cost claim exists due to the non-occupant or unsold housing, for three months after the expiration of occupancy, Q sells an undeveloped or unsold officetel to a third party at 70% of the initial sale price, and the unsold housing unit sale volume of the neighborhood living facilities shall be offered as a beneficial right certificate with Q as the top priority to the amount equivalent to 130% of the remaining construction price of Q by registering the security trust after M is registered.

On the other hand, on May 13, 2009, the Defendant was sentenced to a suspended sentence of 8 months for occupational embezzlement, etc. in relation to M management by the Suwon District Court, and on December 24, 2009, the Seoul Western District Court sentenced that “A shall be dismissed from the office of representative director,” but the Defendant appealed against the above dismissal judgment and continued to serve as the representative director of M.

P, which is a shareholder and director of M, is decided by the Seoul Western District Court on March 29, 2010.