특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for five years.
Punishment of the crime
1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;
A. On May 3, 2013, the Defendant issued a total of KRW 600 million, including KRW 20 million on May 3, 2013 and KRW 40 million on August 30, 2013, to the victim D, a business owner, at the CY office in Gangnam-gu Seoul, where he/she had worked, “The profits remaining after managing stocks, and paying KRW 300,000 to the victim’s basic expenses per month, shall be settled at the 5:5 per month, and the profits remaining after the victim’s request for stock investment shall be distributed to the victim, on the condition that the victim recovers the remaining principal in cases where a loss is incurred by up to 50% of the principal from the victim.
While the Defendant deposited and stored the money received as such into the Samsung Securities account in the name of the Defendant’s wife E, on June 27, 2013, the Defendant arbitrarily transferred KRW 13 million from the above Samsung Securities Account to the Defendant’s new bank account in the name of the Defendant, and used KRW 501,200,000 in total over 33 times from the above date and time to December 24, 2013, as shown in the list of crimes in the attached Table, to each new bank account in the name of the Defendant and the Defendant’s F or a national bank account in the name of the Defendant’s Defendant’s Dong F, and used it as personal debt, living expenses, etc.
Accordingly, the defendant embezzled the victim's property.
B. From around January 1998 to early January 2014, the Defendant served as an employee of the pertinent CB station operated by the victim and engaged in accounting affairs, such as fund management and execution, tax payment, etc.
On December 31, 2013, the Defendant received an order from the victim to pay capital gains tax of 2,648,376,540 won due to the sale of the above CY at the gas station office in Gangnam-gu Seoul Metropolitan Government Gtel 1210, and received a passbook and seal from one bank account (Account Number I) in the name of the victim’s wife H.
On the same day, the defendant withdraws 2,648,376,540 won from the above Han Bank's account at the new-dong branch of Han Bank located in Gangnam-gu Seoul, Gangnam-gu.