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(영문) 서울서부지방법원 2014.01.23 2013고합276
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

1. As the representative director of H, the Defendants and related persons, Defendant A, as the designer company, has overall control over the overall management of the said company, including design service orders and fund management execution. Defendant B, as the managing director of H, was in charge of the modification of designs and modification of urban renewal acceleration plans by the I Housing Redevelopment Development and Improvement Project Association (hereinafter “I”) as the managing director of H.

On the other hand, J has overall control over the overall affairs of the above union, such as the selection of service company and the execution of funds as the president of the I Redevelopment Partnership. K is the representative director of L Co., Ltd. (hereinafter “L”) selected as the management entity of the above redevelopment Partnership, and J and K are deemed as public officials in the application of bribery in accordance with Article 84 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

M was employed as an employee of N Co., Ltd. (hereinafter referred to as “N”) who participated in the tender of the design change service company at the above union.

2. Defendants’ co-principal conduct

A. From March 28, 201, the J, and K, around March 28, 201, stressed that “H and L, and C, without any condition, may carry out the project as a collaborative company only if they are selected as a collaborative company.” The ordered amount includes “entertainment expenses and confidential expenses,” etc. The modified urban renewal acceleration plan is ordered to H and L with an order of KRW 990,000,000 for service cost. The modified design service was ordered to place an order of KRW 6 billion with H and CO on May 7, 201, and was ratified by the General Meeting of Association Members around May 7, 201.

Defendant

B: (a) Defendant A proposed that Defendant A be provided money and valuables to J and L representative director in return for the receipt of the above services and the provision of future convenience; (b) Defendant A consented thereto; and (c) the Defendants around April 201.

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