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(영문) 서울남부지방법원 2017.06.09 2016고합602
배임수재등
Text

Defendant

A Imprisonment with prison labor for three years, and for one year, for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A’s breach of trust is the chairperson of K, an incorporated association, (hereinafter “L”) from April 2012 to March 2015, who took overall charge of the overall tasks.

around August 2013, the Defendant: (a) requested that L Fund be loaned to N in relation to “Seoul Songpa-gu P development project,” implemented by N, a new-employed company N (hereinafter “N”) (hereinafter “N”) to obtain a sales agency license; (b) borrowed L Fund of KRW 3.5 billion to N around September 9, 2013; (c) borrowed L Fund of KRW 3.5 billion to N under the name of the Defendant’s bank (hereinafter “N”) from 50 billion in total, from 1.4 billion on the grounds of the loan case and future loan-related convenience; (d) around September 16, 2013, the Defendant received KRW 10 million in cash from the aboveO at the same coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul; and (e) transferred money of KRW 4.5 billion in total from 200 billion on September 27, 2013 to 305 in the name of the Defendant’s bank and the Defendant’s bank (hereinafter “N bank account”).

Accordingly, the Defendant acquired KRW 145 million in receipt of the above illegal solicitation.

2. The Defendant, together with theO, paid the sum of KRW 145 million to the Chairperson A in total on seven occasions together with an illegal solicitation in relation to L Fund loans, as set forth in paragraph 1.

Accordingly, the Defendant conspiredd with theO, or provided 145 million won in collusion with, or alone with, an illegal solicitation.

3. Defendants’ violation of the Act on Regulation and Punishment of Concealment of Criminal Proceeds.

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