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(영문) 서울남부지방법원 2017.08.25 2016고합643
특정경제범죄가중처벌등에관한법률위반(배임)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From September 2004 to February 21, 2012, the Defendant has been serving as the former duties of the F Co., Ltd. (hereinafter referred to as “F”) located in Yeongdeungpo-gu Seoul Metropolitan Government E (hereinafter referred to as “F”), and as the F’s representative director from February 22, 2012.

On September 9, 2009, the Defendant: (a) decided to undertake a new construction work of 276 households of H apartment (hereinafter “the instant apartment”) implemented by F in the Victim G Co., Ltd. (hereinafter “victim”); (b) assumed office as the representative director of the victimized Company on September 9, 2009 to manage the victimized Company; and (c) from around July 2010, the Defendant took charge of the duties of fund management, etc. of the victimized Company.

On the other hand, on January 13, 2010, when the injured company takes over the new construction site of the instant apartment from the Hannam City Development Corporation, it decided that the debts to the creditors related to the construction are KRW 6 billion, and 1.5 billion is executed in the way that the damaged company directly pays to the lien holder, and the remaining 4.5 billion won is settled after deducting the construction cost and the necessary expenses from the sale price after the apartment sale.

The defendant knew that if the proceeds from the sale of the apartment of this case accrue after the sale of the apartment of this case, he actually entrusted the sale of the apartment of this case to the J (hereinafter referred to as the "J") instead of entrusting the sale of the apartment of this case to the F affiliated private entity I (hereinafter referred to as the "I") and instead entrusting the sale of the apartment of this case with the sale of the apartment of this case. However, after entrusting I with the sale of the sale of the apartment of this case by entrusting I the sale of the sale of the apartment of this case to the J, the defendant did not pay the sales fee excessively

Around October 2010, the Defendant entered into a sales agency contract with I and the injured company for the purchase of goods by proxy with I and the selling agency fee of KRW 9 million per household, and additional fees of KRW 4 million per household, and I have the sales agency fee of KRW 8 million per household with J and the selling agency fee of KRW 1 million.

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