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(영문) 대구지방법원 2018.07.13 2018고합54
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On April 8, 2009, the defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Daegu District Court on April 8, 2009, and the judgment became final and conclusive on April 22, 2009.

[2] The Defendant: (a) purchased a building site in Daegu Suwon-gu, from August 27, 2004 to November 2004, and served as an agent of the victim D Co., Ltd. in the implementation project of an apartment; and (b) retired from office on May 1, 2005; and (c) held office as the head of the division, the vice head, etc. in the office of purchase of the building site, the service contract management, and the fund management.

In taking charge of the purchase of a site for the apartment project implemented by the above company and the management of land contracts, the defendant had a duty to purchase a site for the project at an appropriate price through a faithful consultation with the props subject to purchase.

Nevertheless, the Defendant purchased the housing in the project site at a low price with E that entered into a service contract for the purchase of the apartment project site with the above company, and conspired to sell the housing in the project site at a higher price to the above company and divide the difference.

Accordingly, around September 23, 2005, the defendant provided the above E with KRW 80 million for the purchase of housing for the purpose of the purchase of housing, and E purchased the housing located in the Daegu Suwon-gu of G owned by G with the name of women-friendly job offering F with KRW 120 million, and on December 8, 2005, agreed to purchase the above housing from F from the above company around December 8, 2005 to KRW 960 million.

On the other hand, the defendant had the victim purchase the above house at KRW 960 million.

As a result, the Defendant, in collusion with E (guilty on December 26, 201), acquired pecuniary benefits of KRW 840 million in trading profits and suffered the same damages equivalent to the same amount in the company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. Each police statement with regard to I and F.

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