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(영문) 서울동부지방법원 2012.05.04 2011고합352

업무상배임

Text

Defendant

C A person shall be punished by imprisonment for not less than two years and six months.

Defendant

A and B shall be acquitted respectively.

Reasons

Punishment of the crime

[Prior Crimes falling under the latter part of Article 37 of the Criminal Act] Defendant C was sentenced on December 4, 2009 to two years of imprisonment with prison labor for a term of fraud at the Suwon District Court, which became final and conclusive on September 17, 2010. On December 23, 2011, Defendant C was sentenced to six years of imprisonment with prison labor at the Seoul East East District Court for a crime of fraud and became final and conclusive on February 13, 2012.

[Fact-finding] Defendant C is the representative director of F Co., Ltd., a real estate development company.

(1) Around May 10, 2002, the FF entered into a contract for the implementation of new apartment construction project on the scale of 523 households with H from around December 29, 2006, which carries on a new apartment unit construction project at G 200 to 'I', from around 2006, by establishing a regional housing association at G 20: H 30,000,000 members, and the H 2 housing association was authorized to establish the housing association with 33 members on November 7, 2002 under the above implementation agency contract as the representative director; 187 members on January 16, 200; 329 members on September 10, 204, and 300,000 members of H 3,000 members of the housing association (the aggregate of 549 members of the housing unit construction project); and 16,000,0000 members of the housing unit construction project at will upon approval of each administrative agency on February 16, 206, 2006.

1. The details of Defendant C’s custody amount are as shown in the “name” column from 19 persons.

1. The “amount received by the Defendant C” as stated in the “amount to be received by the Defendant C” is KRW 3.96 billion.

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