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(영문) 서울중앙지방법원 2018.11.29 2018고합214
특정경제범죄가중처벌등에관한법률위반(증재등)
Text

[Defendant A] The defendant shall be punished by imprisonment for two years.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 18, 2015, Defendant A was sentenced to a suspended sentence of two years on January 28, 2016 by the Seoul High Court on the one-year and six-month imprisonment for an occupational breach of trust, and the judgment was finalized on January 28, 2016.

Defendant A served as the representative director of E (hereinafter “E”) a real estate development company located in D in Seoul Jung-gu from August 24, 201 to April 10, 2013. Defendant C is the actual operator of E; Defendant B is the actual operator of E; Defendant B is the third floor of HI Center in Seoul Jung-gu from January 2010 to December 2014 (hereinafter “HI Center”); and J is the person working as the representative director of the HI Center in charge of the Korea Credit Guarantee Fund from January 18, 2010 to January 24, 2012; and Defendant B is the person working as the head of the branch office of the Jongno-gu Credit Guarantee Fund from January 18, 2010 to January 24, 2013 to its branch office of the Korea Credit Guarantee Fund from February 13, 2015 to its branch office of the Korea Credit Guarantee Fund;

Defendant

A and C received a contract of 2,462.10 square meters for the commercial site of Eunpyeong-gu Seoul Nwon in the name of Eunpyeong-gu and conducted the new construction and sale of the “O” of 4 underground and 9 stories above that, around November 7, 201, HI Center borrowed KRW 16 billion as a fund for purchase of O project site in the name of E in the name of HI Center, but under the state of short of funds, it was necessary to obtain a credit guarantee certificate from the Korea Credit Guarantee Fund in order to obtain an additional loan of KRW 9 billion from HI Center.

Accordingly, since January 25, 2012, the Defendants were in office as the team leader of the Korea Credit Guarantee Fund M branch from the J from January 25, 2012, the Defendants were willing to receive a credit guarantee certificate by providing money and goods to the J and applying for the issuance of credit guarantee certificates to the M branch of the Korea Credit Guarantee Fund M.

1. Defendant C and Defendant C are located in the above E office around March 16, 2012.

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