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(영문) 부산지방법원 동부지원 2013.05.14 2012고합439
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

1. Defendant A’s imprisonment with prison labor for seven years and fines for 150,000,000 won, Defendant B’s imprisonment for one year and six months, and Defendant C.

Reasons

Punishment of the crime

[Status of Defendant A, B, and C] around February 208, Defendant A entered the head office of the V Saemaul Depository located in U of the Busan Young-gu and promoted to regular business on or around September 2009. Since February 2010, Defendant A worked as the head office of the V Saemaul Depository X branch in Busan Young-gu and performed overall control over loan business, such as attracting loan customers, confirmation of loan application, etc. of V Saemaul Depository. Defendant B is the vice head of the Si Corporation AB (hereinafter “A”) which exercises the disposal authority, beneficial interest, termination of contract, collection authority, etc. over the apartment complex construction site of this case, and Defendant C is a person who has been operating a certified judicial scrivener office of the Busan Young-gu as a certified judicial scrivener (hereinafter “AD”).

[Attachment] AE Co., Ltd. (hereinafter “AE”), a construction executor, implemented a new construction project for the 409 apartment units of this case (305 apartment units, 104 apartment units) around 2007, and AA participated in the construction project of the above project. The apartment units of this case were completed on December 23, 2010 and completed a pre-use inspection and completed a pre-use inspection under the name of AE, an executive company on December 23, 2010.

However, from September 201, 201, after the record of the apartment sale in this case was low and the registration of preservation of ownership was completed, the unsold household unit reached 171 households (2 households in apartment 89 households and officetels 82 households). Accordingly, AA, which had undergone financial difficulties, entered into a contract with AD on October 21, 201 for a comprehensive purchase-type sales agency for the 171 household units unsold in lots, and AD entered into a contract with AD on October 21, 201. At the request of the creditors of the executive company at the time of entering into the contract, a deposit is 2.5 billion won as a deposit for the cancellation of the prohibition of disposal against the unsold household units in lots.

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