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(영문) 전주지방법원 군산지원 2017.01.12 2016고합126
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant served as the head of a regional housing association located in Gunsan City from March 1, 201 to January 2014. E is the promotion chairperson of the victim G regional housing association located in Gunsan Si (hereinafter “victim G housing association”) from June 201 to June 31, 201; from December 16, 2011 to December 31, 201, the Defendant was in charge of the operation of the association, including the operation of the association, the execution of funds, and the management of property, while serving as the head of the victim association from December 16, 201 to December 31, 2014; H is a member of the clan I (hereinafter “family”).

The Defendant, along with E and J (Death on August 23, 2015), entered into a real estate consulting service contract with the Nari Industry Development Co., Ltd., which was promoting the construction of D apartment (hereinafter “D apartment”) from January 201 to May 201, and entered into a land purchase work for the construction of D apartment.

In addition, since June 201, when the construction site purchase work for D apartment lots was completed, it concluded a real estate consulting service contract with the housing construction company (hereinafter “housing construction price”) that was implementing the G apartment (hereinafter “G apartment”) from around June 201, and conducted a land purchase work for G apartment construction.

According to the above service contract, when a sales contract for a prospective project site is concluded according to the performance of the service contract, the housing construction is paid preferentially to the seller the down payment.

Defendant, J, E, and H (hereinafter collectively referred to as “J, etc.”) conducted negotiations on trade of the land owned by a clan in the prospective business site around that time, and prepared both a written agreement equivalent to the actual purchase price and a false agreement which is unrepared compared to the actual purchase price, and then transfer the amount equivalent to the actual purchase price to the account of a national bank in the name of the president of the clan K used by the clan during the process of receiving the purchase price from the victim’s association to be established by the clan in the course of receiving the purchase price from the victim’s association.

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