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(영문) 서울서부지방법원 2018.01.29 2017고합102
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for three years, 4 years of imprisonment for Defendant B, 70 million won of fine, and 3 years and 6 months of imprisonment for Defendant D.

Reasons

Punishment of the crime

To the extent that the facts charged do not disadvantage the defendants' exercise of their right to defense, some correction or correction was made according to facts obtained through the examination of evidence without amendment procedures.

1. Defendant A, a company specializing in removing the redevelopment and reconstruction site around December 30, 1998, establishes a corporation AL (hereinafter “AL”), a company specializing in removing the redevelopment and reconstruction site, and a corporation NN (hereinafter “N”), a company specializing in removing the same kind of goods around July 6, 2005, respectively, and the chairperson who exercises overall control over the management of AL in the name of Defendant A and others (24.93% in the name of Defendant A, etc. (2.7% in the name of Defendant A’s wife, AP, AP, Q, F, and AR totaled 22.23% in the name of Defendant A’s wife), and the overall management of AL in the name of Defendant A and others.

Defendant

B A From around December 2003, after completing the preparatory chairperson of the Committee for the Preparation for Improvement of Housing Redevelopment in AS Zone (hereinafter “AS District Preparation Committee”), a person who is in office as the head of the AU union and was in general control of the overall affairs of the partnership, with the approval of the Promotion Committee on June 23, 2004, in order to supply 2,904 units of newly constructed apartment units to 144,964 square meters (hereinafter “AU zone”) in Dongdaemun-gu Seoul Metropolitan Government, Seoul, and with the approval of the Promotion Committee on December 8, 2008 (hereinafter “AU union”), from December 8, 2008 to June 20, 2016.

Defendant

D is a full-time director of the AU union from December 8, 2008, who is in charge of all the partnership affairs with Defendant B, etc. as a full-time director of the AU union.

Defendant

E is a representative director of NN from July 6, 2005 to July 6, 2005, who has been employed as a director from around 1998 and has overall control over the management of NN including the orders for removal works and fund management with Defendant A.

Defendant

F is serving as a managing director of NN and carries out the duties of receiving orders from N, AL and AV corporation (hereinafter referred to as "AV").

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