logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2015.03.04 2014고합47
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the FF corporation, Defendant B is the reporter, and Defendant B was delegated by the victim H corporation (hereinafter “victim company”) to Defendant B, and was in charge of the purchase of the J project site, etc., which is being established and promoted in Chungcheongnam-gun I in the said corporation, and Defendant B was to help Defendant A purchase the project site and receive expenses from Defendant A.

Defendant

At the end of June, 2012, A and Defendant B concluded a contract to set excessively the purchase price in purchasing the business site of the above victim company and conspired to have the difference divided.

Defendant

B: (a) On June 2012, the Plaintiff entered into a contract with L, the owner of K and 14 lots of land, 501,579 square meters (hereinafter “instant land”) outside K and 14,000 square meters (hereinafter “instant land”), which is the owner of the same as KRW 30,000,000,000 per square meter; and (b) agreed with L to return KRW 1,500,000,000,000, out of the paid sales amount; and (c) Defendant A, despite being aware of such fact, deemed the Plaintiff’s representative M as KRW 30,00 per square meter.

Accordingly, L entered into a contract with the victim company N in Chungcheongnam-gun on September 19, 2012 on the above M and the above land as KRW 30,550,000,000 (which is stated as KRW 4.5 billion, but appears to be a clerical error; hereinafter the same shall apply) in the presence of the defendants (hereinafter “instant sales contract”) (hereinafter “instant contract”), and accordingly, the contract was delivered to the defendant as KRW 45,50,000,000 on September 19, 2012, KRW 455,500,000,000,000 won on January 21, 2013, KRW 80,000 from the intermediate payment, KRW 56,500,000 on March 29, 2013, and KRW 2,000,000 on each day received from the victim company, and the defendant B delivered the above KRW 2,00,00.

As a result, the Defendants conspired to acquire the pecuniary advantage equivalent to KRW 450 million and the victim company.

arrow