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(영문) 서울서부지방법원 2015.02.13 2014고합213
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendants shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Defendant

A appears to be a clerical error in the written indictment from August 24, 2011 to April 10, 2013.

Until now, G Co., Ltd. (hereinafter referred to as “G”) located in the Jung-gu Seoul Central Government (hereinafter referred to as “G”) was the representative director, and Defendant B was a person with no specific occupation, who was enrolled in G around August 201 in order to obtain the approval of land use and the extension of the remainder payment deadline from SH Corporation.

1. In order to establish and operate a private teaching institute in H, Defendant A entered into a sales contract with his family members and persons engaged in the private teaching institute business to receive investment from them, and awarded a bid of 2,462.10 square meters for the commercial site in Seoul Special Metropolitan City from SH on August 13, 2010 (hereinafter “instant project site”) on November 9, 201 of the same year, Defendant A and nine other parties, with the purchase price of KRW 21.4 billion; the down payment amount of KRW 2.2 billion on the date of the contract; the remainder of KRW 19.2 billion on the date of the contract; and the remainder of KRW 19.2 billion on the date of the contract; and purchased the instant project site by paying the down payment of KRW 2.2 billion to SH Corporation after January 8, 2011.

The Defendant, while running the business as above, was under dispute between the J and five persons, who were engaged in the private teaching institute business, and the J et al. was unable to recover the investment, and the Defendant was faced with a crisis of 2.2 billion won of the down payment due to the failure to take out the remaining loans from the financial institution such as the Suhyup, etc.

Accordingly, on April 8, 2011, Defendant A is "A, K, and hereinafter referred to as "victim K".

L, the representative director of the L, and the pertinent business site and related business rights, enter into a contract to transfer the transfer price of KRW 3.88 billion, and the transfer price of KRW 3.80 billion by taking over L, and settle any balance by taking over L, and according to the sale performance, pay KRW 1. billion at the time of the first sale, KRW 1 billion at the time of the second sale, KRW 1.8 billion at the time of the third sale, and KRW 1.8 billion at the time of the third sale.

On April 25, 2011, the rights and obligations regarding the instant project site are to the Victim K.

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