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(영문) 전주지방법원 2013.03.28 2013고단667
배임증재
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendants A’ joint criminal conduct is the representative director of “stock company D” for the purpose of real estate-related agency business, real estate sale and lease business, etc., and Defendant B, as a de facto director of the said company, was appointed as an agent from F, etc. who is the chairman of the promotion committee of the “E Regional Housing Association” and was willing to make profits by leading the sale of commercial buildings.

On October 7, 2010, the Defendants made an illegal solicitation to the F, who is the chairperson of the cooperative promotion committee (the representative after June 23, 2011), who shall exercise overall control over the financing management of the E-regional housing association, the purchase of land, the selection of construction works, the sale of commercial buildings, and the sale of apartment units at the office of the headquarters of the labor center in the Seoul Special Metropolitan City, Nowon-gu, 766-8, the third floor of the Seoul Special Self-Governing Province, in accordance with the above plan, to select D Co., Ltd., the Defendants as an agent for the construction of multi-family housing and the sales of commercial buildings on July 7, 201. On August 3, 2011, the Defendants issued the “E Regional Housing Association Business Management Services Contract between D Co., Ltd and the Korea Land Trust,” and issued KRW 10,000,000 to the F, within the limit of the F, and delivered KRW 20,000 to the F,270.

As a result, the Defendants conspired to give property in relation to F's duties.

2. The Defendant: (a) made an illegal solicitation with F for the same purpose as indicated in paragraph (1); (b) made a transfer of KRW 20,000,000 from the time to December 1, 2011 to F’s former bank account (Account Number H) at the former branch of the Agricultural Cooperative of the Agricultural Cooperatives located in the Jeonbuk-si on November 13, 2010; and (c) designated by F six times in total as indicated in the List of Crimes (Ⅱ).

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