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(영문) 대전지방법원 2010.02.17 2009고합49
특정경제범죄가중처벌등에관한법률위반(배임) 등
Text

Defendant

A Imprisonment of three years, Defendant B imprisonment of two years, and Defendant C of a fine of three thousand won, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

A is the president of the H Association (hereinafter only referred to as the "Association") which is the executor of the Seo-gu Daejeon-gu G main apartment, and the defendant B works as the secretary at the J attorney-at-law office in Daejeon-gu, Daejeon-gu. 401.

K as the representative director of L Co., Ltd. (limited to L), who was a construction company for the execution of the above main apartment (hereinafter referred to as “B”), and was in the name of N Co., Ltd. (hereinafter referred to as “N”) located in Seo-gu Daejeon, Daejeon, on June 13, 2008. When L is unable to obtain a loan even after acquiring the ownership of the commercial building in the main apartment complex due to the bankruptcy of L, etc., it is a person who acquired only the name and performance of the business operator in order to obtain the ownership transfer in the N’s name.

1. On December 16, 2003, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) against Defendant A’s victimO, etc. entered into an implementation construction contract with the pertinent P&A for the main complex reconstruction project (U.S. G main apartment), and it was no longer possible to continue the construction on the ground of financial difficulties, etc. while the construction was conducted only at least 25% of the total construction, and submitted a letter of waiver of execution to the said union on April 8, 2006.

Accordingly, the union and L were selected as a new contractor for the new contractor for the company O, the company Q (O). On October 16, 2006, the union president R, the auditor A, the directors, etc. set the contract amount as KRW 6 billion between L corporation and the contract amount as KRW 6 billion (Additional tax). Among them, a special agreement was made to pay 1.8 billion which is 30% of the 30% of the contract amount to the commercial buildings after completion.

After that, on January 8, 2007, the commercial buildings to be transferred by payment in kind to a cooperative (R, auditor A) andO, and L were designated by consultation among unsold commercial buildings, such as partnership,O, and L, but the prior choice ofO, etc. was made. The same year.

4. 12. A union (RR and auditor A) shall be P, etc. in accordance with the agreement dated January 8, 2007.

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