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(영문) 광주지방법원 목포지원 2012.11.15 2010고합74

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor for three years and for one year and six months, respectively.

However, the defendant C is subject to objection.

Reasons

Punishment of the crime

[2010Gohap74]

1. Defendant A (B) and Defendant C’s status relationship are the representative director of Company E (hereinafter “E”), and Defendant C is the representative director of Company F (hereinafter “F”).

2. Defendant A’s acquisition process of Defendant A agreed to take over G with the J Apartment Co., Ltd. (hereinafter “the instant apartment”) that will be newly built in the Seocho-si 122 unit of the J apartment (hereinafter “instant apartment”) from H, which was the actual owner of the Seocho-si 122 unit of the Defendant Company G (hereinafter “G”), as the representative director of G around March 13, 2006, and the name of G was changed on July 12, 2006.

3. On May 2, 2006, Defendant A applied for a loan of KRW 3 billion for the purpose of implementing the instant apartment construction project at Hong-Profit Mutual Savings Bank, Hong-si, Seoul Special Metropolitan City (hereinafter referred to as the “redred Mutual Savings Bank”) located in Sinpo City on May 2, 2006. On May 4, 2006, Defendant A entrusted the instant apartment construction project site to Korea Assets Trust Co., Ltd. (hereinafter referred to as the “Korea Assets Trust”), which was trusted to Korea Assets Trust Co., Ltd. (hereinafter referred to as the “Korea Assets Trust”), with the acquisition of a certificate of beneficial interest amounting to KRW 3.9 billion from the Korea Assets Trust, and entered into a project model agreement to provide Red-Profit Mutual Savings Bank with the acquisition of a certificate of beneficial interest amounting to KRW 3.9 billion from the Korea Assets Trust. At the same time, the instant apartment construction site at the same time, Red-Profit Mutual Savings Bank established a completion inspection on the instant apartment construction site at the same time after the completion inspection on the instant apartment construction.