Text
Defendant
A 4 years of imprisonment with prison labor for the defendant B
(b) 5 months of imprisonment with prison labor for any of the crimes listed in paragraph 2-A of the ruling;
Reasons
Criminal facts
[criminal power] Defendant B was sentenced to a suspended sentence of three years in the year and June of 1 year to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the Jeju District Court on November 25, 2010 and the judgment became final and conclusive on December 3, 2010.
【Criminal Facts】
[2014Gohap56]
1. Defendant A
A. 1) The Defendant is a school juristic person’s OAD (hereinafter “OAD”)
(2) On April 25, 2008, the Defendant received KRW 100 million from Q2, who participated in the above business in exchange for an illegal solicitation from B to obtain credit loans of KRW 34,285 square meters in the name of R&A (hereinafter “R”), and received property gains equivalent to KRW 100 million from R&A (hereinafter “R”), which was actually operated by the Defendant, from R&A (hereinafter “E”), from around May 26, 2008, the Defendant acquired credit loans of KRW 90 million in the name of the Defendant from R&A (hereinafter “R”), and around June 17, 2008, the Defendant acquired financial gains equivalent to KRW 190 million in total from the credit loans of KRW 1.9 billion in the name of the Defendant.
3) Around December 23, 2008, the Defendant acquired KRW 200 million from B upon receiving the foregoing illegal solicitation from B. 4) The Defendant accepted the proposal from B to sell the pertinent school site to C, who is the representative director of S Co., Ltd. (hereinafter “S”).
Accordingly, B introduced the Defendant's plan to sell the school site of this case to C along with his relative D, and promoted it by preparing a contract, and played a role such as physical coloring the transferred site with C.
. As such,