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(영문) 서울북부지방법원 2018.11.23 2018고합155
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.

Reasons

Criminal facts

Defendants were prosecuted for the crime of violation of trust, etc., and are currently pending in Seoul High Court Decision 2018No 1812.

Defendant

B From August 2008 to July 2015, the victim’s “D Urban Environment Improvement Project Committee” (hereinafter “Promotion Committee”) that implements the “D Urban Environment Improvement Project” (hereinafter “D Area”) for the Seoul Dongdaemun-gu Seoul Metropolitan Government 59,889 square meters (hereinafter “D Zone”) was working as the auditor of the “D Urban Environment Improvement Project Promotion Committee” (hereinafter “Promotion Committee”). At the same time, the victim entered into a joint project implementation agreement with the victim on the instant rearrangement project (hereinafter “E”), and Defendant A was in charge of the said company’s financial management while serving as the director of E. The Defendant A was in charge of the said company’s financial management from around 2005, while operating the G Company, which is the rearrangement business entity of the instant rearrangement project, and from around January 1, 2013, he was in charge of the affairs related to the development of the instant rearrangement project, including the development project plan.

On the other hand, the Defendants entered into a joint implementation agreement with the victim on December 11, 2014, and the “SaB Convention” on the above implementation agreement on December 28, 2015 (the content that is entrusted with the execution of the compensation amount of the victim for the above area). Around September 2016, the Defendants entered into an attached agreement on the above detailed implementation agreement (E reported the current status of relocation and compensation to the victim, and received project expenses through the victim’s examination) and had the victim take charge of compensation for relocation to the business establishments within the D area, which is the area prearranged for redevelopment, and F established a management and disposal plan and compensation plan for relocation and has been in charge of relocating the business establishments within the redevelopment area.

On August 10, 2018, the Defendants and FJ Seoul Northern District Court 2018 Gohap 55 sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

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