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(영문) 창원지방법원 진주지원 2019.01.24 2018고합25

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 6, 2009 to January 3, 2016, the Defendant is a person in charge of G business (hereinafter referred to as “instant business”) which is a development project that creates an industrial complex by reclaiming the F one sea in the E area while serving as the head of the Police Department and the head of the division in the Gyeongnam-gun Office C (hereinafter the name was changed to D on July 1, 2015), and H Co., Ltd (hereinafter referred to as “H”) is a company established for the purpose of implementing the instant business on January 18, 2008.

On February 2012 and September 28, 2010, the Defendant, upon receiving a request from the law firm J to the effect that “A corporation, a special purpose corporation, shall not trust the status of the seller, and a legal review, such as whether the resolution is necessary in the process, shall be changed to B” from the part of the I corporation (hereinafter “I”), which entered into a sales contract with approximately 61,487 square meters of a site to be created as the instant project by H (200,000 square meters) to be created as the instant project, and upon receiving a request from the J, the Defendant sent the content to the part of the I corporation (hereinafter “B corporation”) on April 24, 2012, and the I notified the Defendant of the result after consultation with the property manager of the B corporation.”

On April 30, 2012, the Defendant: (a) had the B-Gun Office C and the competent L officer of the B-Gun Office, who knew of such fact, have not consulted on the transfer of the status of the seller in the B-Gun’s property management department; (b) had the B-Gun Office C and the competent officer L, who knew of such fact, draft an official document stating that “as a result of consultation with the Korea Military Property Management Department in acquiring the status of the seller in the B-Gun, it is not necessary to pass a resolution of the Korean Military Council;

As a result, the Defendant, who is a public official, made a false document concerning his duties and exercised it.

Summary of Evidence

1. Each of the witnesses, L and M.