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(영문) 부산지방법원 2012.10.26 2011고단4925

업무상횡령등

Text

Defendant

A Imprisonment with prison labor of one year and four months, and each of the defendants B and C shall be punished by imprisonment with prison labor of eight months.

Reasons

Punishment of the crime

Defendant

C On February 17, 2011, the Ulsan District Court sentenced 2 years of suspension of the execution to 5 months of imprisonment for fraud, which became final and conclusive on May 28, 2011.

Defendant

C was the representative director of the (State) I established for the purpose of housing construction business in the fourth floor of the H building in Busan Blue-gu, and operated the company as the president. Defendant B was the director of the (State) I, and Defendant A was engaged in the business of managing the company's funds as the former director of the (State) I.

1. The Defendants committed the fraud of the Defendants at the office of the Haman on September 2010, 201: “The Defendant loaned KRW 300 million to the victim J to establish a kimchi factory on the 1,500 square meters and the 1,500 square meters away from Ulsan-gun, Ulsan-gun, and the 1,500,000,000,000 won, and the 80,000,000,000,000,000,000 won upon completion of the kimchi factory, and if the loan is made, the 10,000,000,000 won is immediately repaid, and the site of the factory will be transferred if the money is not paid, and the site of the factory will be kept clean, from the victim’s belief on October 25, 2010, the total amount of KRW 50,000,00,000,00.

However, the above land had already been set up with the maximum claim amount of KRW 50 million, and even after the completion of a kimchi factory, it is impossible to lend KRW 800 million by the land value or the previously established collateral security, and there was no specific plan to construct the actual kimchi factory, and only abstract claim was not implemented, and there was no particular capital and any project promoted, and thus, it did not have the ability to bear a high rate of 10% per month. Since there was no cost for the operation of the party, and the interest on the debt of the right to collateral security established on the above land was not paid due to the fact that there was no cost for the management of the party and the interest on the debt established on the above land, and the Defendants did not have any property in bad credit.