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(영문) 인천지방법원 2016.08.12 2015고단8250
배임등
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a representative director and stockholder of "E" corporation established for the purpose of constructing multi-household housing, selling multi-household housing in units, selling apartment units, etc.

On February 27, 2014, the Defendant acquired H and I ground apartment construction business rights (hereinafter “project rights of this case”) from the Victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) of F management (hereinafter “victim Co., Ltd.”) in order to pay KRW 2.2 billion (hereinafter “instant business rights”) and transferred the business rights to the victim or the person designated by the victim Co., Ltd. upon consultation between the parties within two months after the payment of the down payment (hereinafter “P/F City or the down payment), the Defendant paid KRW 200 million (the first intermediate payment), KRW 200 million (the first intermediate payment), and KRW 100 million (the second intermediate payment) to the parties within two months after the payment of the first intermediate payment). At the same time, the Defendant entered into a contract with the victim Co., Ltd. or the person designated by the victim Co., Ltd. as the collateral of the transfer proceeds into E’s audit and additionally transferred the business rights to the victim or the person designated by the victim Co., Ltd. at the time of the instant business rights.

On April 10, 2014, the Defendant entered into an agreement on the transfer of shares (a total of KRW 5,000, KRW 3300,000) owned by the Defendant E to J under the aforesaid agreement, and the “transfer of shares” to which K-owned E (a total of KRW 5,000, KRW 5,000, KRW 60,000, KRW 12,000) of shares (a total of KRW 5,000, KRW 60,000) was transferred to J, respectively.

After that, the Defendant filed an application for the alteration of the housing construction project plan at the time of the progress, and rejected it at the time of the progress of May 19, 2014, but on July 16, 2014, the administrative adjudication committee of Chungcheongnam-do decided to cancel the disposition of return at the time of progress, and obtained approval for the alteration of the housing construction project plan from the time of the progress of September 23, 2014.

Therefore, the Defendant is subject to a contract for transfer of business rights and a contract for transfer of shares.

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