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(영문) 창원지방법원 마산지원 2015.09.08 2015고단638
업무상횡령등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The E-Housing Redevelopment Development and Improvement Project Association, the number of members of which is 439 households, has completed the authorization to establish a housing complex on March 19, 201, following the inaugural general meeting of the Association on December 3, 2011. On November 1, 2013, the Si was selected on December 20, 2013. On December 20, 2014, the E-Housing Redevelopment and Development Project Association completed an extraordinary general meeting for project implementation on December 20, 2014, and was planned to construct an apartment complex of 178,000 square meters of the total floor area by constructing an apartment complex of 3 stories underground floors and 1279 households with 34 square meters of the ground and neighboring residential facilities with 178,00 square meters of the total floor area.

1. Defendant A

A. From March 19, 2012 to November 13, 2013, the Defendant, as the head of the E-Housing Redevelopment Project Association, took overall charge of the business affairs, such as the selection of the subcontractor.

B As the representative director of the General Assembly Service Agency (State), around November 201, 201, after being selected as the representative director of the above union, paid approximately KRW 150 million for the service payment by signing a contract for the establishment of the union's inaugural general meeting on behalf of December 3, 201, but from September 26, 2012, it was unclear whether the union could continue to receive the service payment from the union due to disputes arising from the contract between the above Large City Development and the union's general meeting service contract.

Around February 5, 2013, the Defendant: (a) promptly paid KRW 150,00,000 to the above B, using the superior position in the above contract; and (b) as if he/she would be entrusted with the contract for the service of the union on behalf of the general assembly, such as the general assembly for selecting the contractor, etc.; (c) demanded the above B to provide money and valuables; and (d) receive cash amounting to KRW 2,00,000 delivered by B under the pretext of illegal solicitation from around July 4, 2013 to around July 4, 2013.

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