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(영문) 서울고등법원 2018.01.30 2017노1704
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A and B shall be punished by imprisonment for one year.

(b).

Reasons

(c)repare the standards;

2. Where the establishment of an association and the modification of the implementation of a project due to the modification of a housing redevelopment project plan, “victims association” shall pay the amount required therefor separately.

3. After a meeting of the general amount of subdivisions set forth in the Administration and Disposal Plan with a view to raising the general selling price of “T” in general and outside negotiations, the sales price shall be increased and really sold, and 2,000 won per square year shall be additionally paid to “T” where profits are allocated to “victims Association”.

Article 6 (Payment Method of Remuneration) The term "victims association" shall pay the amount of remuneration to "T" as follows:

1. The term “victims Association” shall pay to “T” the equivalent amount in cash within 10 days after the completion of the inspection of the progress of the work under paragraph 2.

2. The timing for payment shall be as follows:

When the management and disposal plan is approved at the time of the commencement of the public inspection of the plan at the time of the commencement of the contract when the plan for the management and disposal is approved, the payment rate (%) 20 10 20 10 10 100 100 100 * 100: Provided, That the payment period may be adjusted en bloc after the completion approval. In such cases, the "victim's association" shall be paid by calculating the amount equivalent to five per cent of the interest on the loan paid by S when borrowing from S.

Section 5 (Amount of Remuneration) of the Service Contract drawn up on August 2008

1. The amount of service fees for a housing redevelopment project shall be calculated by multiplying the total floor area of the building by the unit price of 22,00 won/pact (excluding value added tax), and shall be adjusted on the basis of the total floor area determined by the final and conclusive construction floor area at the time of approval of the project (revision) by the competent authority;

2. Where the establishment of an association and the modification of the implementation of a project due to the modification of a housing redevelopment project plan, “victims association” shall pay the amount required therefor to “T” separately.

Article 6 (Payment Method of Remuneration) The term "victims association" shall pay the amount of remuneration to "T" as follows:

1. The term “victims Association” shall complete the inspection of the progress of the work in paragraph 2 to “T”.

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