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(영문) 서울중앙지방법원 2012.11.23 2012고합482
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

500,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

From February 16, 2005, the Defendant (hereinafter referred to as the “J”) established the J Co., Ltd. (hereinafter referred to as the “PFV”) in the name of Yongcheon-si, in order to perform the “H” development project (hereinafter referred to as the “I”) which is a general tearc equipped with condominiums, chwitch, golf course, convention center, etc., on the site of a total of 1.65 million square meters of G Mancheon-si, and assumed office as the representative director. On February 16, 2006, the Defendant: (a) established the K Co., Ltd. (hereinafter referred to as the “J”), which is a project corporation (PFV), in the name of Yongnam-si; (b) loaned KRW 13.5 billion from the lender composed of Korea banks, etc. on November 16, 2006; and (c) concluded a contract with J, an executing company under the name of the KA, and concluded the implementation of TF and 3.5 billion won on deposit account under the name of Korea PJ and 1.5 billion.

It is responsible for the overall management of the procedures for the payment of the construction cost.

When concluding various service contracts related to H’s development projects with L, M, N,O, etc., the Defendant had regular business of I, instructed the Defendant to select an enterprise that pays a certain amount in return for concluding a service contract with I or J to accept property in return for illegal solicitation or embezzlement of funds, etc. that are paid from the J’s PF loan account.

1. The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) shall be paid the representative Q of P Co., Ltd. (hereinafter "P") and the actual service cost in the name of J on March 3, 2006, KRW 700,000,000,000 more than KRW 500,000,000,000,000,000,000,00

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