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(영문) 수원지방법원 2012.10.10 2011고합644

배임수재

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the vice-chairperson of the D clan from April 20, 2006 to September 14, 2006 (hereinafter referred to as the "D clan") who is in charge of the affairs of the clan to assist the chairperson of the clan and takes overall charge of the affairs of the clan, and from September 15, 2006 to November 15, 2009, the defendant is the chairperson of the above clan who takes overall charge of the affairs of the clan, such as the management of the clan property, the conclusion of a contract, etc.

From April 206 to October 2006, the Defendant: G, the representative of the F, a company that constructed and operates a golf course (hereinafter “the above company”) with respect to the golf course development project for approximately 290,00 square meters (hereinafter “the above land”), which is the land owned by the above clan, and H, which is the actual representative of the above company, requested the above company to select the above land as a golf course operator by leasing it to a golf course operator; and the Defendant decided to select the above company as a golf course operator after going through the above clan board of directors and the above clan general meeting of September 15, 2006 and lease the above land to the above company without any specific verification procedure for the company’s capacity to implement the above business.

After that, the Defendant demanded H, etc. to pay for the selection of a golf course operator. On November 9, 2006, the Defendant entered into a real estate lease agreement with G and the above land at the office of the Seocho-gu Seoul Seocho-gu International Attorney Office to lease the above land to the above company. At the same place, H and G actively cooperate in the future company’s implementation of the project, such as the acquisition of a golf course construction permit, etc., and upon receiving the request from H and G, H and G, “50 million won is paid at the time of commencement by the above company after the acquisition of the golf course’s license for the above land.” The above business agreement is below the business agreement stating that “G, etc. shall transfer 10% of the above company’s stocks

in writing and notarized, and each of them was issued and notarized by the issuance of a promissory note with sighting amounts of 50 million won per face value of G and H issuance.

Accordingly, the defendant is another person.