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(영문) 광주지방법원 2015.04.28 2014고단4159

횡령등

Text

Defendant

A Imprisonment with prison labor for four years, for three years, for three years, and for eight months, for each of the defendants CN.

Reasons

Punishment of the crime

On February 28, 2008, Defendant A was sentenced to 2 years and 6 months of imprisonment for fraud, etc. at the Gwangju High Court, and 4 months of termination of the execution of the sentence at the Chang Prison on August 4, 2010, and Defendant CN was sentenced to 10 months of imprisonment for violation of the Narcotics Control Act at the Seoul Central District Court on June 16, 201, and completed the execution of the sentence at the Seoul Central District Court on February 20, 2012.

"2014 Highest 4159"

1. Defendant CM as the representative director of CCR Co., Ltd. (hereinafter “CR”) is the Plaintiff, who is the Plaintiff’s employee of CCR management department, and Defendant A agreed to perform the discount duty on behalf of the Plaintiff in order to resolve the financial difficulties of CR upon the request of CSS.

2. The circumstances leading up to the instant crime were that: (a) the existing loan amount amounted to approximately KRW 2.6 billion; (b) the monthly interest amount was paid to KRW 18 million; and (c) the overdue interest was repeated; (d) the overdue interest amount was approximately KRW 180 million; and (e) the company’s credit rating was very low; (b) it was difficult to obtain bank loans; (c) around October 2013, the bank to receive a credit assessment plan to implement the new construction project of the CT-Sed Factory was conducted; and (d) the bank to receive a loan would be subject to credit assessment in order to implement the construction project; and (e) if the overdue interest and the principal of the loan amount were more than three months, the bank will be subject to the restriction on banking transactions by disclosing the fact to the entire financial authority; and (e) there was a concern that the implementation of the said CT construction project could cause water-free goods and thus, an urgent issue was an urgent issue.

Accordingly, Defendant CM received the introduction of Defendant A, known as a specialist in the form of self-financial services around July 11, 2013, and the Defendants stated that the balance of the account, which is the bill discount, remains at least KRW 600 million, to resolve the difficult financial difficulties in the form of a bill discount.

3. The Defendants A’ joint crimes committed by the Defendants are 4 CU building in Nam-gu Incheon Metropolitan City around July 15, 2013.