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(영문) 대구지방법원 2011.10.12 2010고합28

특정경제범죄가중처벌등에관한법률위반(사기) 등

Text

Defendant

A Imprisonment with prison labor of 1 year and 6 months, Defendant B and 2's provisional crimes are punished by imprisonment with prison labor of 6 months and 2.

Reasons

Punishment of the crime

Defendant

A was sentenced to a suspended sentence of ten months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night) at the Daegu District Court on November 15, 2005, and the judgment became final and conclusive on November 23, 2005. Defendant B was sentenced to a suspended sentence of one year of imprisonment with prison labor for the above crimes, etc. at the Seo branch of the Daegu District Court on June 1, 2007, and the judgment became final and conclusive on June 9, 2007.

1. The Defendants are the actual operators of the Victim G Co., Ltd. (hereinafter “G”) in Daegu-gu, who are engaged in the business and fund management. On June 29, 2005, the Defendants transferred the right to implement the project of Ha-gu, Daegu-gu, K5, and 6 block to the I and J, the National Bank (L) in the name of G as the down payment, and the same year as the above I and J transferred the right to operate the project of Ha-gu, Daegu-gu, Daegu-gu, Ha-gu.

7.8. Upon receipt of each remittance of KRW 200 million in the same account under the same name, the defendant B made a false land purchase service contract with G, received the service payment with G, and asked the person who will withdraw and return it, and the defendant B had M, N, andO receive the payment of land purchase service as above, and made M, N, andO receive the payment of land purchase service, and made it possible to withdraw it and divide it with the defendant A;

A. Although G did not engage in a service contract aimed at purchasing the above M, N, and land, it prepared a service contract amounting to KRW 200 million, each of which was transferred from the National Bank Account (L) in the name of G to the Daegu Bank Account (P) in the name of M on July 1, 2005, and then remitted KRW 200 million to the Daegu Bank Account in the name of M on July 1, 2005, and embezzled the above KRW 200 million from the above to the Daegu Bank Account in the name of N, using the Defendants’ personal use;

B. In executing a service contract with G for the purpose of purchasing land with theO, the actual amount of the service is KRW 20 million, but the service cost is KRW 40 million.