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(영문) 서울중앙지방법원 2015.07.23 2014고합215
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A and B shall be punished by imprisonment for three years, by imprisonment for two years and six months, and by imprisonment for two years, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of a corporation I (hereinafter referred to as “I”) who entered into a joint execution contract with H for the building construction business in a G housing site development project area. Defendant B is the representative director of the J under which the said union entered into a parcelling-out agency contract with the said union. Defendant C is a partner of the said union as the same student of the said union. Defendant D is the head of the said union as the wife of the said A.

As a housing site development project (G housing site development project) is conducted in the area of about 9.4 million square meters in Seongbuk-gu, Sungnam-si, and L day, the Defendants mediated the sale and purchase of housing site purchase rights to be supplied to persons who meet certain requirements (hereinafter “original seller”), such as those who reside in the area or engage in the business, etc. (hereinafter “original seller”), and led the establishment of a H association for the new commercial building construction project (hereinafter “instant project”) on January 24, 2008. The Defendants conspired to use the land price paid by the members and the purchase price collected after having been paid to the disqualified persons among the buyers of land purchase rights for daily countermeasures and the purchase price collected by the Defendants as personal account in the name of Defendant A or C, and to use it as funds for the operation of other companies operated by the Defendants, which had been promoted by the Defendants.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. The Defendants, at around April 24, 2008, kept in their business the money transferred to the new bank account (Account Number: P) in the name of Defendant A and the new bank account (Account Number: Q. R.) in the name of Defendant C, while S, for the purpose of paying the price for the land for countermeasures against livelihood (land price) within the G housing site development project, from 51 persons, such as members'O, etc. of the above association to pay the price for the land for livelihood within the G housing site development project, the Defendants kept 130 million won as of the same day.

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