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(영문) 수원지방법원 2015.11.13 2015고합311
변호사법위반등
Text

A defendant shall be punished by imprisonment for three years.

1,380,000,000 won shall be additionally collected from the defendant.

As above, the defendant.

Reasons

Punishment of the crime

1. The Defendant and related persons are those who were retired from Korea Land and Housing Corporation (On September 30, 2009, the Korea Land and Housing Corporation; hereinafter “LH Corporation”) to E, and, on October 15, 2009, established and operated the F Co., Ltd. (hereinafter “F”), a real estate consulting company, and worked as the president of the GH from April 1, 2015.

On the other hand, H is a representative director of I Co., Ltd. (at present J. and I hereinafter “I”), a real estate development implementation company, from September 4, 2009 to March 4, 201, who has overall control over all the management, such as asset management.

2. On June 20, 2009, H entered into an urban development project implementation contract with the committee for promotion of the urban development project (hereinafter “promotion committee”) established by the landowners of the urban development district in Seongbuk-gu, Chungcheongnam-si (1,292,00 square meters) and I to promote private development by the replotting method.

On July 29, 2009, LH Corporation submitted a proposal for the designation of an urban development zone according to the expropriation method at Sungnam-si. Around October 1, 2009, Sungnam-si decided to accept the proposal and notified the LH Corporation thereof. Since October 5, 2009 to Oct. 19, 2009, LH Corporation made a public announcement of the designation of an urban development zone and the alteration of the urban development plan for public inspection.

Accordingly, H submitted a proposal for designation of a private urban development zone in the name of the Promotion Committee around October 21, 2009 and around November 18, 2009 under the name of the Promotion Committee, on a total of two occasions at Sungnam-si, but Sungnam-si returned the proposal on the ground that “The proposal is in progress by accepting the proposal of the LH Corporation, and thus it shall not be accepted in duplicate.”

Therefore, in order to enable LH Corporation to voluntarily withdraw from the above business and to convert it to the private development method rather than the public development method, H shall file a civil petition against LH Corporation, Sungnam City, etc., and continue to hold a meeting, while LH Corporation officers and employees.

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