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(영문) 대구지방법원 김천지원 2016.04.26 2015고합126 (3)

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor of four years and six months, and Defendant B shall be punished by imprisonment with prison labor of three years.

Defendant

B 30 million won.

Reasons

Punishment of the crime

[criminal record] On April 14, 2015, Defendant A was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Daegu District Court Kimcheon branch of the Daegu District Court on April 14, 2015, and the judgment became final and conclusive on January 1, 2016.

[2015 Gohap 126] M apartment reconstruction and rearrangement project association (hereinafter “the instant association”) is a housing reconstruction association authorized to establish an association on February 23, 201 for the purpose of implementing the M apartment reconstruction and rearrangement project (hereinafter “the instant reconstruction project”) with the purport of removing 270 households in the area of 12,080 square meters of apartment units in the old-si, the Gu-si, MU. and the establishment of an association on February 23, 201.

Defendant

A established the N (hereinafter referred to as the “N”) for a rearrangement project management company, a company specialized in the rearrangement project in around 2005, and closed its business on February 24, 2012, and established the P Co., Ltd. (hereinafter referred to as the “P”), a housing construction company (hereinafter referred to as the “P”), a housing construction company in around 2013, but actually closed its business and actually established and operated Q Q (hereinafter referred to as “ Q”) a housing construction company in around 2014.

Defendant

A concluded a specialized management contract, such as the establishment of the instant association in around N in the name of around 2007, but closed N, and entered into a contract for the management of specialized housing reconstruction and improvement projects with the instant association under the name of O on March 25, 2012, and led all of the instant reconstruction projects by entering into a construction contract with Q on March 31, 2014.

Defendant

A and B offered 134 of the members of the instant association as collateral M apartment 134, trusted to the instant association for the purpose of smooth implementation of the instant reconstruction project, and conspired to borrow money from the association to personally use it.

1. Defendant A and B’s joint crime is the president of the instant association, and in the conclusion of the contract that will be borne by its members, the instant association.