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(영문) 수원지방법원 2018.02.02 2017고합519
배임수재등
Text

A defendant shall be punished by imprisonment for one year.

65,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's exercise of the right of defense, part of the facts charged was corrected and arranged.

Ⅰ. Under the Defendant’s proposal, four association residents’ countermeasures against the D Housing Site Development Zone will undertake a business that constructs and sells a commercial building on the ground after obtaining the land within the said housing site development zone from the Korea Land and Housing Corporation in lots (hereinafter “instant business”), and twenty-five members of the association invested a total of 50 shares (one million won per unit) to prepare KRW 50 million.

On October 27, 2011, the said union received from the Korea Land and Housing Corporation for sale in lots the amount of KRW 4 billion in Suwon-si E, Suwon-si, 1247.6 square meters (hereinafter “instant land”). On November 29, 201, in order to implement the instant project, the said union established the Management BankF [former Trade Name: G Co., Ltd.) and succeeded to the status of the two parties in the said sales contract, and the Defendant was appointed to the auditor of the said company on the same day.

While the Defendant prepared to implement the instant project on March 14, 201, the construction cost of the instant commercial building (hereinafter referred to as “instant commercial building”) is KRW 10 billion, the Defendant separately established a HH A and appointed as a representative for the execution of the instant project on his/her own name, and performed duties such as new construction and implementation of the instant commercial building by proxy.

The project of this case was discontinued because the above union did not have a fund equivalent to KRW 3.6 billion for the remaining sale price to LH Corporation, and the defendant, among the remaining sale price to be borne by the company, was a person in charge of the construction of the city in order to borrow KRW 2 billion from the contractor, upon introduction by LI on June 2013, and discussed the issue of selecting the construction works of the building of this case and providing the remaining sale price support.

On September 27, 2013, the Defendant came from the above I and K at the L coffee shop located in Ilsan-si around September 27, 2013.

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