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(영문) 수원지방법원 2012.03.21 2010고합440

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor for one year, for five years, and for ten months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the representative director and the president of the J Co., Ltd. (hereinafter “J”) established for the purpose of ordinary bond mining business, retail business, etc. from January 2004 to December 2006, and from January 2007 to September 15, 2007, a person in charge of fund investment business, etc. is the representative director and the president of the K Co., Ltd. (hereinafter “K”) established for the purpose of collecting and selling aggregate. Defendant C is the representative director of K established for the purpose of collecting and selling aggregate, and Defendant C is a person in charge of fund investment business affairs of the said company with Defendant B.

[2010 Gohap440] Defendant A offered investment proposals to the Military Resource Development Association in relation to aggregate resources development projects promoted by the J in Ansan-si, the dong dong dong Do-dong Do-dong Do-dong Do-dong Do-dong 548 hectares, and Defendant A was a person in charge of performing the investment business from October 2005 to February 2006. As such, Defendant A received unfair solicitation from the representative director B to conclude contracts in favor of business operators, such as the period of occurrence of profits, the assessment of business feasibility, such as the amount of aggregate stores, and the method of investment, and the creation of security rights.

On January 9, 2006, the Defendant received each transfer of KRW 30 million from B to the Defendant’s new bank account (L) account, KRW 30 million from M on February 7, 2006, KRW 55 million from the National Bank account (P)’s name on February 27, 2006, KRW 60 million from M to the said national bank account under the name of M, and received KRW 175 million in total.

[2010Gohap451]

1. Defendant B’s sole criminal conduct

A. The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), alteration of private documents, and alteration of private documents shall be the victim's Mutual Aid Association building headquarters in Gangnam-gu Seoul Metropolitan Government on October 2005.