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(영문) 창원지방법원 진주지원 2015.01.29 2014고합12
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment for a term of two years and six months, imprisonment for a term of two years, and imprisonment for a term of one year, for a term of one year.

(2).

Reasons

Punishment of the crime

Defendant

A The representative director of F (hereinafter referred to as “F”) and G (hereinafter referred to as “G”), and Defendant B, as the chief director of the above two companies, are those in charge of fund management, and Defendant C, as the chief director of the above two companies, are those in charge of fund management at the construction site.

1. Around August 2007, Defendant A entered into an agreement with H-gun on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Embezzlement) with respect to 190,00 square meters of farmland, etc. (1.9,00 square meters of farmland, etc. located in Gyeongnam I in Seoul Special Metropolitan City, the victim F invested a project cost of KRW 1.4 billion, and with a subsidy of KRW 4.8 billion, to create an agro-industrial complex specialized in the private sector with a subsidy of KRW 4.8 billion, and obtained approval from H-gun in April 7, 2008 (hereinafter “J project”).

On the other hand, Defendant A entered into an agreement with H-gun on June 2008 with regard to the area of 74,592 square meters, such as the farmland in the Gyeong-nam I, G, with investment of approximately KRW 10.8 billion in the project cost, and entered into an agreement with G to obtain subsidies of KRW 1.6 billion in the name of the access road construction and the alternative ditch construction work, and obtained the approval of the implementation plan on June 2009.

Defendant

A, for the J project, borrowed KRW 5 billion from the J Mutual Savings Bank in J and KRW 7 billion from the Gyeongnam Bank. From February 2009, due to the fact that the purchase of the site for the K project was conducted at the same time, A was faced with financial difficulties, and A was willing to use the subsidy to be paid and used for the J project implemented by the victim F as the funds for the K project implemented by G.

On January 21, 2010, Defendant A received a subsidy in relation to the J project from Defendant B in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) around February 4, 2009, and instructed Defendant B to use the subsidy in relation to the K project as the site purchase cost necessary for the K project.

Defendant

B In February 4, 2009, cultural heritage is related to the J Project at H-Gun Office.

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