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A defendant shall be punished by imprisonment for five years.
Reasons
Punishment of the crime
1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) is the actual operator of the J (hereinafter “J”) that is the executing agency of the I Association Apartments Co., Ltd. (hereinafter “the apartment of this case”) that is scheduled to be constructed on the land outside H and 243, the Defendant is the head of the I Association (hereinafter “victims”) who is the victim with the Defendant’s fourth degree of partnership with the Defendant’s fourth degree of partnership, the representative director of J, and C shall be delegated by J to purchase the land in the project district.
The Defendant and B are the actual operator and the representative director of the J who was delegated the overall implementation of the instant apartment as well as the purchase of land for the construction of the instant apartment by the victim association, and A bears the duty to properly use and manage the property of the victim association in accordance with the purpose of the instant apartment construction project as the head of the association.
The Defendant, together with A, B, and C, received money in excess of the actual purchase price from L Co., Ltd. (hereinafter referred to as “L”) managing the property of the victim association, and conspired to use it for personal purposes.
C On September 7, 2007, 2007, at the office located in Hanam-si, Hannam-si, Hannam-si, Hamnnam-si, the purchase and sale contract was concluded by setting the purchase amount of 2,600,000 square meters for 168 square meters for Hambn's P and N site in Hannam-si. A and B submitted to L an application for withdrawal of the land at the same place on September 7, 2007, stating the purchase price of 3,100,000 won for the land.
C received KRW 3,100,000,000 from L to the account in the name of O on September 7, 2007, and withdrawn KRW 500,000,000 in excess of the agreed purchase price withO, and used it as indicated in the column of “user” in the attached list Nos. 1.
The defendant shall be included in the annexed list of crimes in the same manner as B, A, and C.