Text
Defendant
A, C, and D shall be punished by a fine of KRW 300,000.
Defendant
A, C, and D do not pay each of the above penalties.
Reasons
Defendant A (Defendant A, C, and D) is the president of G reconstruction and improvement project association, and Defendant C and Defendant D are the directors of each of the above associations.
Matters concerning loans, methods of such loans, interest rates, and methods of repayment shall be determined by the resolution of the general meeting of the association.
Nevertheless, on April 26, 2010, the above Defendants conspired with H, a director of the association, and obtained a loan of KRW 143 billion from the Korea Investment Trust Securities to ABCP (asset-backed enterprise bill) and paid KRW 72 billion to I, a contractor, with the repayment of KRW 64 billion in the debt amount of the National Bank of Korea of the said association.
As a result, in collusion with H, the Defendants conducted the project at will by setting forth matters concerning the borrowing of funds, method, interest rate, and method of repayment without the resolution of the general meeting.
Summary of Evidence
1. Each legal statement of the defendant A, C, H, and D in the first trial record;
1. Each legal statement of the witness J and K;
1. Some of the interrogation records of the prosecution concerning Defendant A, C, H, L, and D contained in the interrogation records of the prosecution;
1. Part of each police statement made by the J;
1. The application of Acts and subordinate statutes to events, actual inquiries, and correspondence to citizens;
1. Article 85 subparagraph 5 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 24 (3) 2 of the same Act concerning criminal facts, Article 30 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;
1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order
1. Around April 2010, the Defendants and the defense counsel asserted G reconstruction and rearrangement project partnership (hereinafter the instant partnership) had the obligation of KRW 72 billion for the unpaid construction cost and KRW 64 billion to the National Bank, Inc. I (hereinafter the “I”), which is a contractor, and the National Bank. However, the National Bank extended the maturity of the said loan with the maturity of April 27, 2010.