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(영문) 서울중앙지방법원 2013.07.25 2013고단1735

횡령등

Text

Defendant

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

except that this shall not apply.

Reasons

Punishment of the crime

[criminal power] On February 13, 2013, Defendant B was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the said judgment became final and conclusive on April 5, 2013.

【Criminal Facts】

1. Defendant A

A. At around 23:00 on February 11, 2009, the embezzlement Defendant: (a) provided 1 BMW car as security by borrowing KRW 24 million from H; and (b) subsequently, (c) received only KRW 20 million from H to return the said BM car; (d) however, (c) only H had only KRW 20 million to pay the original interest; (d) it could not return the BM car; and (e) instead, (c) instead, (d) obtained the 1st 1st 1st 1st 1st 1st 1st 1st 1st 2000, and (e) embezzled by arbitrarily offering the BM car as security by borrowing KRW 20 million from B, 40 million from B, and 40 million from B.

B. Around 23:00 on February 11, 2009, the Defendant: (a) prepared for gambling money of KRW 50 million and KRW 40 million borrowed from B as collateral for the first passenger car of the International event held by the Defendant; and (b) made up for gambling money of KRW 10 million to KRW 3 million in name; (c) kept at will two of 52 G apartment of Gangnam-gu Seoul; and (d) held at will one million through two of 52 Mack cards with KRW 1 million in name and two of 52 cards with KRW 52,000,000,000,000,000 from B; and (e) made up for gambling money to be incurred by the winners according to the percentage of the card plaque.

2. Defendant B, at the same time and place as in paragraph (1) of this Article, even though he knew of the necessity of gambling money by having stuffed as above and losing all money in the process, provided 40 million won as a security for 1 car operated by the said A, thereby aiding and abetting the said A’s gambling by providing 40 million won as gambling money.

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