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(영문) 창원지방법원 2009.10.30 2007고합250
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant E shall be punished by imprisonment with prison labor of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant A, who had operated J Co., Ltd. (hereinafter “J”) around January 15, 191, was in progress with the name of L Apartment (hereinafter “instant apartment”) on the land outside K-gun and two lots of land, from around 15, 1991, and was in progress with the construction of two apartment units on the land outside K-gun and two lots of land (hereinafter “instant apartment”), and the said J was in default due to the shortage of funds.

On March 192, 192, the seller of the apartment project against J and the creditors established the corporation M, Inc. and resumed the construction work, but the defendant A again requested the construction of the apartment project because of the lack of funds and experience. On October 30, 1993, the defendant A acquired N around October 30, 1993 and transferred the apartment project right to the aboveO to transfer the apartment project right to the aboveO and resumed the construction.

However, even though P invested about KRW 130 million in the above-O on August 25, 1994, as the representative director of the O, the subcontractor, who was not paid the construction cost due to the shortage of funds, refused construction and continued construction, while Q Q had invested about KRW 220 million in the above-mentioned corporation around August 1998, and R had invested about KRW 50 million in the above-mentioned corporation around November 11, 1998, and approximately KRW 30 million in the above-mentioned corporation, the construction was suspended at a fair rate of approximately 90%.

Defendant

A and the above investors have made efforts to create the remaining funds for construction and apartment site purchase funds (the creditors' request for auction that had been lent money to Defendant A at the time of the court) (the creditors' request for auction had been in progress with the creditors' consent while the site was owned by the creditors) and to recover KRW 2.7 billion after completion of construction by investing KRW 2 billion in the above apartment project on February 2001, and U.S. Co., Ltd. as a new corporation for the preservation of investment funds.

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