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(영문) 부산지방법원 2016.10.28 2016고합270
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the transfer of shares to C is involved.

Reasons

Punishment of the crime

[criminal power] On July 30, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for occupational breach of trust, etc. at the Seoul Central District Court on October 29, 2015, and the above judgment became final and conclusive on October 29, 2015, and on May 3, 2016, the Defendant was sentenced to two years of imprisonment with prison labor at the Busan District Court on May 11, 2016.

【Criminal Facts】

2016Gohap270

1. The victim D Co., Ltd. (hereinafter referred to as “D”; hereinafter in the case of other corporations, referred to as “stock company” is omitted and referred to as “stock company”) is a corporation established to carry out projects for the development of E.S. sports and resort district (E golf course and resort development projects) in the E.S. district located in Busan, Gun, and F (hereinafter referred to as “F”) is entrusted with the management, operation, and disposal of D assets from the victim D, and the defendant is a person who has a F’s representative director.

On March 25, 2011, the Defendant reported and approved the 6th regular meeting of the victim D and the 3rd meeting of the F in 2011 to the 3rd meeting of the board of directors, respectively. The business plan is “a golf course brand service contract” under paragraph (17). The outline of the contract was “a contract period: from June 2, 2011 to February 2013; G, contract amount: USD 1,500,000: Scope of the service: : A golf course brand service; G model brokerage at the time of opening of the golf course; G model brokerage at the time of holding the golf course; hereinafter “G brand service contract is concluded after presenting it to the board of directors (including MUU 4 months); and the content of the contract is “a contract period; the former golf course strategy and promotion of golf course sales and image improvement” under paragraph (17).

(hereinafter referred to as “instant business plan” or “instant business plan”) Accordingly, F, who is entrusted with the business of the victim D at the time.

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