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(영문) 수원지방법원 여주지원 2012.12.05 2012고단768
횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On October 28, 2011, the Defendant was sentenced to seven years of imprisonment by the Seoul High Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the judgment became final and conclusive on February 23, 2012.

【Criminal Facts】

1. The Defendant is the actual manager of the management company (ju) E of the D Housing Redevelopment Improvement Project in Bupyeong-gu Incheon Metropolitan City.

On September 24, 2009 and December 2, 2009, the Defendant received a bribe of KRW 2.70 million in total from the HyundaiMco Co., Ltd upon the request of the Defendant to select as the contractor of the redevelopment project of the said housing, and subsequently, the treatment construction corporation was selected as the contractor.

On May 11, 2010, the Defendant, who received a demand for the return of the above KRW 270 million from the Hyundai MEX Co., Ltd., transferred the claim for KRW 3,50,000,000,000, which is part of the service payment claim held by the said D Housing Redevelopment Improvement Project Association, to Hyundai MEX F, and notified the said Association of the assignment of the above claim on May 12, 2010.

2. On June 21, 2010, the Defendant received a remittance of KRW 842,477,570 from the victim partnership on the same day, from the victim partnership on the same day, to G, the president of the victim partnership in the office of the said D Housing Redevelopment Project Association (the victim in Bupyeong-gu Incheon, Incheon).

The Defendant kept 350 million won out of the above 842,477,570 won on behalf of the victim, and paid the amount equivalent to KRW 600 million under the pretext of paying staff wages, insurance premiums, and company liabilities between June 21, 2010 and June 23, 2010, and paid the amount equivalent to KRW 240 million from July 201 to November 201, 201.

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