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(영문) 부산지방법원 2017.09.22 2016고합719
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. Defendant A shall be punished by imprisonment for three years.

The summary of the verdict of not guilty shall be publicly announced.

Reasons

Punishment of the crime

1. On December 26, 2002, Defendant B and Defendant A registered Defendant A, who is qualified as a certified architect, as the representative director, and Defendant B took overall charge of the company’s business as the president, on the following grounds: (a) the ownership status of the establishment share of “O” (hereinafter “O”) mainly for construction design and supervision; and (b) the ownership status of the establishment share was 45%, A45%, and S 4%; and (c) the management status of the company as the president.

Defendant

C On October 21, 2005, the corporation established P Co., Ltd. (hereinafter referred to as “P”) mainly for real estate development, consulting, etc. and controlled the business as the representative director.

Defendant

D On May 2002, 2002, it established Q Q Co., Ltd. (hereinafter referred to as “ Q”) mainly for architectural design and supervision and controlled the company’s business as a representative director.

2. "2016 Gohap 719 - Defendant A's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and "2016 Gohap 779 - Defendant B's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of each of the defendant B;

A. The Defendants received design services at various construction sites while operating O and R Co., Ltd., and there was a need for funds to receive design services from redevelopment, reconstruction association or contractor, etc. ordering design services in the process of receiving orders.

In addition, in order to obtain a building permit for a building designed by the competent authorities such as the Busan City Mayor and the head of the Gu after one design service contract, the design drawings of the building should pass through the deliberation of the Building Committee and facilitate the process of the building permit. Therefore, in order to obtain various convenience in the process of the building permit, it is necessary to pay to the public officials in charge of the permit or the members of the Building Committee, and it is necessary to pay to the members who select the winner to be elected in the process of building design competition ordered by Busan City, etc.

Accordingly, the Defendants conspired with each other and make false statements.

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