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(영문) 인천지방법원 부천지원 2017.01.20 2016고합242
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From around 206, the Defendant, as the president of the Victim E-Rebuilding Housing Association (hereinafter “victim Association”) established to build reconstruction apartment units on the off-site D and 3 lots, performed duties such as the selection of construction works, payment of construction cost, holding of meetings of the association, management of the property of the association, etc., and around August 30, 2007, the Defendant was selected as the representative liquidator at the general meeting of the Victim Association on September 29, 2007, after obtaining authorization for the completion of the construction of the “F apartment”, which is a multi-unit building composed of 96 households and 8 households of the commercial building, on the said building.

On August 21, 2007, the Defendant made a settlement agreement on behalf of the victim association to settle the construction cost with G Co., Ltd. (hereinafter “G”) and apartment 11 households, and to pay approximately KRW 1.839 billion of the remainder of the construction cost.

On September 7, 2007, the Defendant: (a) 102, 103, 104, and 105 of the above apartment commercial building owned by the Plaintiff’s association (hereinafter “instant commercial building”) in order to avoid compulsory execution by creditors of the Plaintiff’s association;

In common, the ownership of the pre-use flag shall be completed in the G G G with a private person, and on the same day, the victim association completed the registration of the right to request the transfer of ownership on August 17, 2007.

The Defendant, while occupying the instant commercial building, continued to resolve disputes arising from G and the payment of the construction cost, using the fact that the right to request the transfer of ownership under the name of the victim’s association (hereinafter “102, etc.”) was transferred to H, the name of the Defendant’s seat, and the right to request the transfer of ownership under the said name was transferred to H, the Defendant’s name on February 20, 208, by using the title of the right to request the transfer of ownership under the said Act, Nos. 104 and 105 (hereinafter “104, etc.”).

On the other hand, G disposes of salt when G receives repayment from the victim union of the instant commercial building.

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