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(영문) 서울중앙지방법원 2013.12.24 2012고합413

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

[Criminal Justice] On July 23, 2009, Defendant B was sentenced to a suspended sentence of 8 months for the crime of occupational breach of trust at the Seoul Central District Court on July 23, 2009 and the said judgment became final and conclusive around that time.

【Criminal Facts】

Defendant

A was to act as the chairperson of the H Housing Association Promotion Committee established on March 30, 200 in order to newly build 452 households in the Dongjak-gu Seoul Metropolitan Government G G G, and was established on June 15, 2001 by H Housing Association (the president of the Association) and was to be elected as the head of the association at its inaugural general meeting on July 26, 2008, while the H Housing Association (the president of the Association) was actually established as the head of the association. Defendant B is the representative director of the (the “J”) who entered into the business service contract with the said association.

H Housing Association is a member who owns a detached house in the project site, and the newly built apartment site and the member who exchanged 1:1 with the site for the relocation expenses for the loan amounting to KRW 150 million, the loan interest rate was to be borne by the said association.

Therefore, the defendants in charge of moving expenses have duties to support moving expenses only for those eligible for moving expenses.

Nevertheless, the Defendants violated their duties, and even though Defendant A did not sell the entire site and did not take relocation expenses, Defendant A paid 12% interest per annum on KRW 350 million, including KRW 150,000,000,000 from July 28, 2008 and KRW 350,000,000,000,000 from the mutual savings bank, for 30 months.

Accordingly, the Defendants conspired to obtain 12% interest of 30 million won per annum on the 30-month interest of 15 million won per annum from Defendant A, and the victim H Housing Association suffered property damage equivalent to the amount.

Summary of Evidence

1. The defendant A's partial statement in the first trial record;

1. The defendant B's partial statement in the fourth trial record;

1. Statement made by K witness in the fifth trial record;

1. Statement made by a witness in the sixth trial records;

1. Defendants: