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(영문) 인천지방법원 부천지원 2014.07.18 2013고합251

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents around January 12, 2010.

Reasons

Punishment of the crime

The Defendant worked as the head of the E-Housing Reconstruction and Improvement Project Association on February 28, 2006 for the purpose of rebuilding apartment units on the land outside Seocheon-gu, Seocheon-gu and outside 99 parcels, and for the purpose of rebuilding apartment units on the land, from March 1, 2007 to January 27, 2013.

1. Around July 15, 2010, the Defendant, as the president of the above union, embezzled the sum of the patient charges by paying out KRW 1,141,480 from among the medical expenses for which the Defendant received hospitalized treatment for seven days in the G Hospital located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul and by using the check card in the name of the union (one bank H) so that the said card amount can be immediately disbursed from the account in the name of the union (one bank H).

2. Around June 3, 2012 in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, an agreement was reached that the said association and the construction of KCC, a contractor, delegate all of the right to sell unsold apartments, commercial buildings, etc. owned by the association to the contractor, and that the agreement was reached to completely complete settlement of construction price, etc. between the association and the contractor by paying for construction price, etc. in lieu of 19 households unsold apartment units and 14 unsold commercial buildings

On the other hand, as between the defendant and the above contractor on the same day, the Corporation shall delegate the sales agency business of 14 commercial buildings unsold in lots to the defendant individual, and the defendant shall deposit the 7,200,473,000 commercial buildings unsold in lots, which are assessed as 14 commercial buildings unsold in lots, as stipulated in the above agreement, to the contractor by September 30, 2012, and if it is impossible, the defendant shall immediately terminate the sales agency business of the remaining commercial buildings and transfer it to the contractor.