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(영문) 광주지방법원 순천지원 2015.08.27 2014고합276
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, each of the defendants B, C, and D shall be punished by imprisonment for one year.

However, Defendant B, C, and D.

Reasons

Punishment of the crime

1. Basic fact H complex development project is a project that creates leisure facilities, such as residential facilities, foreign educational institutions, medical institutions, golf clubs, etc. that accommodates 11,060 units of multi-family housing and 30,000 people in planned population as 670 units of detached housing by investing 5,60 billion won in the first project cost designated as a free economic zone from 2008 to 2013.

J Co., Ltd. (hereinafter referred to as “J”) is a company established for the implementation of the above project, and currently K Co., Ltd. (5.1%) limited partnership companies (86.5%) and M Co., Ltd. (8.5%) have all the shares of J.

J shall prepare an implementation plan for H Complex Development Project (hereinafter referred to as "implementation plan") in conformity with the H Complex Development Project Plan (hereinafter referred to as "Development Plan") and obtain approval from the former Do Governor.

Furthermore, the revision of the approval of the implementation plan should also be approved again, but until August 201, the approval was obtained from the Jeonnam Do governor and the head of N agency later.

Defendant

A served as an agent, director, or vice-director at K Co., Ltd. from August 2003 to December 2, 2012, the development team leader of J from July 12, 2007 to December 2, 2012, and the representative director of J from December 3, 2012 to December 31, 2013.

Defendant

C, from March 2006 to February 20, 2009, while serving as the employee of K Co., Ltd., the J Development Team was concurrently serving as the representative of K Co., Ltd., and Defendant D served as the employee of K Co., Ltd from March 2009 to June 7, 2010.

Defendant

B from February 1, 2010 to January 26, 2014, served as a public official belonging to the N agency development division, and was in charge of the H complex development project.

2. Defendant A and C’s obstruction of performance of official duties by fraudulent means in 2010 is required to install public office buildings on the H complex public O-P block in the development plan and implementation plan, and in fact, it is not possible to sell the said three block to the said three block around February 17, 2010.

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