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(영문) 서울중앙지방법원 2012.08.03 2011고합1022
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A shall be punished by imprisonment for four years.

Defendant

The violation of the Medical Service Act against A and the defendant B shall be acquitted, respectively.

Reasons

Punishment of the crime

【Defendant A’s project of the I Urban Development Project in Ansan-si around October 2005 is a project aimed at newly constructing Q, parking lot, commercial building appurtenant facilities, etc. by designating Ansan-si M, N,O, P, Japan-119,750 square meters as a multi-family housing site, quasi-residential site, Q (commercial, green area, etc. of Gyeonggi-do Notice No. 2004-325) on November 15, 2004.

In order to enforce, the K corporation purchased 65,000 shares of K corporation (100% shares) by borrowing money from K corporation, and took charge of all the management, including Q, parking lot, and construction of new auxiliary facilities, after taking office as the representative director of K corporation on October 13, 2005.

1. Defendant A, who violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), operated K corporation as an executor of the I Urban Development Project at the time of the above awareness, promoted the project with the funds borrowed by JJ as the PF loans by financial institutions under the guarantee of payment by J, and the funds borrowed by J.

Defendant

From November 7, 2005 to February 12, 2009, A agreed to use only for the purpose of the above I Urban Development Project from J and L Co., Ltd. for the purpose of the above I Urban Development Project, and voluntarily withdrawn KRW 40 billion from the loan funds (PF) from financial institutions, KRW 7.874 billion from the loan funds (PF), KRW 2.22 billion from the financial institutions, KRW 2.52 billion from the amount of the security deposit deposit for inside, KRW 3.3 billion, KRW 5.65 billion from the proceeds of the apartment house site, KRW 2.2 billion from the proceeds of the sale of the gas station site, KRW 5.65 billion from the proceeds of the sale of the gas station site, KRW 2.22 billion from the date of transfer to the account in the name of K Co., Ltd. on November 18, 2005, the representative director voluntarily withdrawn KRW 730 million for the purpose of payment, and KRW 7.785 billion from the date of use."

In addition, Defendant A is in the office of K K corporation at Ansan-si around January 1, 2008, and the construction cost of K corporation is in the custody of business, while it is in the custody of business.

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