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Defendant
A Imprisonment with prison labor for three years and for two years and six months, respectively.
However, from the date this judgment became final and conclusive, Defendant.
Reasons
Punishment of the crime
[2013Gohap772]
1. The Defendants’ co-principaled Defendant A operated G Co., Ltd. (hereinafter “G”), H (hereinafter “H”), and construction business chain I Co., Ltd. (hereinafter “I”), and J Co., Ltd. (hereinafter “J”), a company implementing golf course development projects, and Defendant B took charge of each of the above companies’ funds under the orders of the aforementioned A.
K, as Defendant A’s form of punishment, promoted an urban development project in Pyeongtaek-M district with a size of 619,810 square meters from Pyeongtaek-siwon from around 2006 to Pyeongtaek-si, Inc. (hereinafter “L”), and was authorized by the Governor of the Gyeonggi-do on November 25, 201 by the implementation plan from the Gyeonggi-do Governor on November 25, 201. However, the said urban development project was established due to the failure to obtain a PF loan to select a construction project and procure construction costs until now.
Although the occupational embezzlement K intended to expand the business by acquiring the N (N) Co., Ltd. (hereinafter “N”) which is a contractor necessary for the implementation company, the fact with the Defendant A and the Defendant B, a person in charge of the fund management of I, who operated I, had not been able to repay the debt borrowed for other projects. Although I did not perform the prop work of purchasing land in connection with the urban development project of L, I did not have completed the said prop work, I would like to receive L PF loans in the name of L and I by preparing a false service contract and a written confirmation of the settlement of false service costs as if L and I performed the said prop work.
K under the PF loan agreement concluded with the Military Mutual Aid Association in order to promote the urban development project of the Pyeongtaek-M district, while carrying out business for L with L 70 billion won borrowed around August 9, 2007, it is necessary to set up a prop-works with the Defendants in an amount of KRW 8.36 billion in relation to the urban development project of the Pyeongtaek-M district.