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Defendant
A Imprisonment with prison labor for five years and for two years, respectively.
Reasons
Punishment of the crime
[criminal record] On December 17, 2015, Defendant A was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on December 17, 2015 and the decision was finalized on December 25, 2015.
[Presumption Facts] Defendant A was an actual operator of the interest of major shareholders of Co., Ltd. (hereinafter “C”) established for the purpose of construction works, etc., who was in charge of the company’s operation and the execution of funds, and Defendant B was the representative director of the said C from around 2006 to June 2013.
D A person who had been operating real estate E Co., Ltd. (hereinafter “E”) from March 2007, and F was working as the head of housing department in charge of real estate PF loans at the Business Development Headquarters of G organizations (hereinafter “G”) from November 7, 2006 to November 30, 2010.
On October 7, 2009, the Defendants entered into a contract with the Corporation J (the representative director K, the representative director K, and the J) to complete construction works by July 2, 2010 in relation to Pyeongtaek-si M&D (hereinafter “Y”) implemented from June 2008 to Pyeongtaek-si L, and eight parcels of land at the headquarters office located in the Yeongdeungpo-gu Seoul Metropolitan H building I, Yeongdeungpo-gu (hereinafter “J”). The said J entered into the said contract with the Corporation to borrow KRW 12 billion for the above construction cost on September 25, 2009 with the borrower (hereinafter “O”), joint and several guarantors, J, the representative director at the time of the J, the representative director at the time of the KJ, and the victim’s credit management and supervision at the time of the above loan.
The Defendants are KRW 99,9650,000 out of KRW 12 billion loaned by the O under the above loan agreement, and KRW 999,9650,000,000,000 from J as an advance payment for the Pyeongtaek M&D project, through O on October 14, 2009 and KRW 9,9655,00,000,000.