beta
(영문) 대전지방법원 천안지원 2017.11.15 2017고합117

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Basic Facts] The Defendant, as the representative director of G Co., Ltd. (hereinafter “G”), for the purpose of real estate development business, carried out the I apartment (total nine Dong, 805 household units) implementation business (hereinafter “instant implementation business”) in H Japan.

On May 23, 2014, the Defendant included the amount equivalent to 21,848 square meters of the State-owned land owned by the Ministry of National Defense, among the 41,177 square meters of the above business site, and the Defendant secured a purchase and sale contract or a written consent for land use from the CT facility, which is the managing authority of state-owned land, but applied for the approval of the housing construction project at J without the acquisition thereof.

J around June 13, 2014, the urban planning deliberation on the above housing construction project was completed, and around October 21, 2014, the construction deliberation of the Building Deliberation Committee was completed, and around November 18, 2014, the total area of the above housing site and the area of the State-owned land are adjusted, and the State-owned land is approved for the housing construction project with the total area of 19,362 square meters of land owned by the Ministry of National Defense among the total area of 39,954 square meters and the total area of 19,362 square meters of land was approved for the housing construction project with the total area of 48.46 percent of the total area of 39,954 square meters, and the approval of the housing construction plan was publicly announced

In addition, the J has approved the sale of the above housing construction project through the review committee of the amount of divided houses over two times around December 5, 2014 and around the 30th day of the same month, and approved the report of commencement of construction and the announcement of invitation of occupants on January 8, 2015.

On February 9, 2015, the Defendant filed an application for purchase with respect to the site owned by the said Ministry of National Defense on or around February 9, 2015. On or around March 4, 2015, the Defendant entered into a sales contract between Asian Trust Co., Ltd., a private trust of the said implementation project (hereinafter “AT Trust”) and CT facility. On or around March 20, 2015, the Defendant completed the registration of the transfer of ownership in the name of the Asia Trust on the said site.

[Criminal facts]

1. The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) shall pay 500,000 won as a honorarium to 33 persons, such as K et al., the above G unit list.