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(영문) 부산지방법원 2019.01.11 2018고합126 (2)

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 18, 2012, Defendant C was sentenced to four years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Seoul Central District Court, and completed the execution of the sentence in the Busan Correctional Institution on June 6, 2015.

[Status and Presumption Facts] D (Action for Detention on April 2, 2018) serves as an agent for the management support office of the Investment Advisory Company F (hereinafter “F”) on the Gangnam-gu Seoul Metropolitan Government, E, 13, 14, and 16 floors, and is a person in charge of personnel management, etc. G (Action for Detention on April 13, 2018) is a person working as the head of the same management support office and was in charge of funds management, etc., H and I (each nominated number on March 21, 2018) is a member of the “JP” in the Gyeonggi-gu, Gyeonggi-do, and Defendant A was working as the representative director of the L Co., Ltd. (hereinafter “L”) on the third floor in the Gyeonggi-gu, Gyeonggi-do, and the representative director of the B is a person who has a friendship with Defendant A in the same business relationship with Defendant A.

On the other hand, M is the real representative of F and N is the representative of P, and M is the representative of P, a private business entity that manages F’s investment funds, who is the nominal owner of the account that is deposited with F investors, and M and N, etc., when operating F, committed the crime of receiving total 138 billion won from investors from total 29 years from March 2015 to August 2015, and began an investigation into F with the Financial Supervisory Service around August 17, 2015, including seizure and search of F’s office at the prosecution around September 17, 2015, M was under investigation into F, as of August 12, 2015, by being sentenced to imprisonment with prison labor for a violation of the Act on Regulation of Unauthorized Receiving Activities at the Suwon District Court on August 12, 2015, and N is legally detained and arrested until October 15, 2015.

[Specific Crime]

1. Defendant A and D have an investment management account, as the investigation of F was commenced in full scale as seen above in September 2015, Defendant A and D had been commenced.