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(영문) 인천지방법원 2015.12.10 2015고합271
업무상횡령등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants C.

However, this judgment is delivered to Defendant C.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the promotion of the IMO reconstruction project from around 201 to the Nam-gu Incheon Metropolitan City G and H (hereinafter referred to as the “instant reconstruction project”), and B is the head of the association of the instant reconstruction project, who is delegated by the members of the association with all of the reconstruction project authority, such as loans, management of funds, implementation and commencement works, selection of project costs, sale in lots, and expenses of the association, and Defendant C is the construction project owner who is awarded the implementation of the instant reconstruction project.

1. As the chairman of the reconstruction project promotion committee, Defendant A (Acceptance in Breach of Trust) has the duty to select the most appropriate time events in accordance with the strict requirements for the interests of its members.

Nevertheless, around April 201, the Defendant asked C, a constructor, to receive orders for the implementation of the instant reconstruction project from the K real estate operated by the Defendant in the Nam-gu Incheon Metropolitan CityJ, and agreed C to demand C to “the change of KRW 100 million in return for receiving orders for the implementation of the instant reconstruction project” and “the reduction of KRW 90 million in the amount of KRW 90 million” as the price for receiving orders for the implementation of the reconstruction project at the request of C.

Therefore, the Defendant received KRW 30 million from C to the deposit account in the name of the Defendant’s wife on June 14, 201, in the name of the contract for reconstruction project implementation.

As a result, the Defendant acquired the total of KRW 30 million in receipt of an illegal solicitation in relation to his duties.

2. Defendant A (Occupational Embezzlement) and B, from around 2011, have been engaged in the management and disbursement of expenses incurred in the reconstruction project, such as relocation expenses for union members, construction expenses, etc. as the promotion chairperson and the head of the partnership of the instant reconstruction project.

In order to prepare expenses for the reconstruction project of this case around August 19, 201, the Defendant and B obtained a loan of KRW 840,000,000 from the NAF branch of the NAFF as collateral for the reconstruction project site.

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