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(영문) 대구지방법원 의성지원 2018.05.01 2018고합2

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

The punishment against the Defendants shall be mitigated.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to seven years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu High Court on June 28, 2012, and the above judgment was finalized on November 29, 2012. On March 27, 2014, the Seoul High Court sentenced Defendant A to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and became final and conclusive on May 29, 2014.

Defendant

B On March 27, 2014, the Seoul High Court sentenced 4 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on May 29, 2014.

[2] On January 1, 201, Defendant A: (a) was the actual operator of the F Co., Ltd. F (hereinafter “F”); (b) was the representative director of F; and (c) Defendant B was the representative director of F; and (d) Defendant A was a separate corporation established by G Co., Ltd. (hereinafter “G”) in the form of a branch in order to attract investors; and (b) Defendants were willing to arbitrarily withdraw F’s funds in the occupational custody by receiving from investors to another company.

On March 18, 2011, the Defendants directed an employee in charge of funding F in order to withdraw KRW 1 billion stored in the account of the National Bank in the name of the F, and transferred money to the new bank account (J) in the name of the Defendant A, a disguised company registered as the representative director, to the new bank account in the name of the Defendant A, a disguised company registered as the representative director, and arbitrarily used the money for purchasing real estate by the Defendant A.

As a result, the Defendants conspired in collusion and embezzled the sum of 1 billion won in victim F's capital.

Summary of Evidence

1. Defendants’ legal statement

1. Receipt of remittance of the amount of damage attached to the complaint;

1. The record of the offence: a reply to inquiries, such as criminal history;