특정경제범죄가중처벌등에관한법률위반(횡령)등
Defendant
A Imprisonment with prison labor for three years and for two years and six months, respectively.
However, from the date this judgment became final and conclusive, Defendant.
Punishment of the crime
[2013Gohap772]
1. The Defendants’ co-principaled Defendant A operated G Co., Ltd. (hereinafter “G”), H (hereinafter “H”), and construction business chain I Co., Ltd. (hereinafter “I”), and J Co., Ltd. (hereinafter “J”), a company implementing golf course development projects, and Defendant B took charge of each of the above companies’ funds under the orders of the aforementioned A.
K, as Defendant A’s form of punishment, promoted an urban development project in Pyeongtaek-M district with a size of 619,810 square meters from Pyeongtaek-siwon from around 2006 to Pyeongtaek-si, Inc. (hereinafter “L”), and was authorized by the Governor of the Gyeonggi-do on November 25, 201 by the implementation plan from the Gyeonggi-do Governor on November 25, 201. However, the said urban development project was established due to the failure to obtain a PF loan to select a construction project and procure construction costs until now.
Although the occupational embezzlement K intended to expand the business by acquiring the N (N) Co., Ltd. (hereinafter “N”) which is a contractor necessary for the implementation company, the fact with the Defendant A and the Defendant B, a person in charge of the fund management of I, who operated I, had not been able to repay the debt borrowed for other projects. Although I did not perform the prop work of purchasing land in connection with the urban development project of L, I did not have completed the said prop work, I would like to receive L PF loans in the name of L and I by preparing a false service contract and a written confirmation of the settlement of false service costs as if L and I performed the said prop work.
K under the PF loan agreement concluded with the Military Mutual Aid Association in order to promote the urban development project of the Pyeongtaek-M district, while carrying out business for L with L 70 billion won borrowed around August 9, 2007, it is necessary to set up a prop-works with the Defendants in an amount of KRW 8.36 billion in relation to the urban development project of the Pyeongtaek-M district.