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(영문) 대구지방법원 2019.06.05 2018고합407

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendants shall be punished by imprisonment for ten months.

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

Reasons

Punishment of the crime

Defendant

A is a person who has been in charge of management of (main)D established for the purpose of real estate development projects located in the third floor of the building in Daegu-gu, and Defendant B is a person who has been in charge of accounting affairs of the above company, and E is a person who has been in charge of investment attraction affairs of the above company.

E, around September 4, 2015, solicits F to make an investment in the construction project of the Daegu-gu G Commercial Building in progress in D, and if the investment of KRW 500 million is made, the sum of the principal and the profits will be returned to F as KRW 1 billion.

“Along with the investment of KRW 500 million from F believed to the effect that it was an investment of KRW 400 million from F, the investment was made in the damaged company and the remainder of KRW 100 million was used in repaying its existing obligations, thereby demanding F to prepare a letter of commitment to return KRW 1 billion and to prepare a notarial deed.

1. As to the forgery of a letter of undertaking on September 10, 2015

A. From September 10, 2015, the Defendants requested the F to prepare and change a letter of commitment to KRW 1 billion, including KRW 500,000,000 and KRW 500,000,000,000,000 of the invested principal, and the Defendants agreed to prepare the said letter of commitment considering the fact that E had contributed significantly to the projects undertaken by E, such as attracting investment funds.

Therefore, at the office located in the third floor of the building C in Jung-gu, Daegu-gu, the above temporary border, Defendant A entered “D” in the name of each corporation using a computer, and entered “H” in the “representative director” as “H,” and indicated “500,000,000 won” in the “investment principal” as “income” and indicated “50,000,000,000 won” in the “profit” and Defendant B affixed the corporate seal impression of the (ju) corporation in his custody to the name of the “H.”

As a result, the Defendants conspired to exercise their rights and obligations, a copy of the letter of promise of the name of H representative director, : (a) D representative director.