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(영문) 인천지방법원 부천지원 2018.10.12 2017고합271

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

[criminal record] On November 20, 2015, Defendant A was sentenced to a suspended sentence of two years in the Seoul Central District Court for criminal fraud, etc. on November 20, 2015, and the judgment became final and conclusive on November 14, 2016.

[Criminal facts]

1. Defendant B’s joint crime committed by the Defendants was in office as the representative director of the Victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Seocheon-gu Seoul Special Metropolitan City from December 11, 2013 to the date, and Defendant A was in office as the representative director of the Victim Co., Ltd. from April 2, 2013 to August 25, 2014, and was in office as the representative director of the Victim Co., Ltd. (hereinafter “G”) from December 23, 2005 to June 9, 2014.

The Defendants, while running the victim company on January 2014, when Defendant B was unable to receive the money that Defendant B lent to Defendant A, and Defendant A was unable to repay the existing debt to other creditors, Defendant B conspired to use the funds of the victim company to receive the claim of Defendant A or to pay the personal debt of Defendant A.

According to the above public offering, the Defendants entered into a sales contract for admission tickets with an amount of KRW 1.5 billion at the victim’s office around January 3, 2014, to sell tickets, etc. to H (hereinafter “H”), and deposited KRW 500 million on the same day as advance payment (hereinafter “first advance payment”), KRW 1.5 billion on March 3, 2014 (hereinafter “second advance payment”), while being transferred to the victim’s corporate bank account in the name of the victim, and transferred KRW 1.5 billion on January 3, 2014, to the said individual’s account in order to repay the personal debt owed to H (the creditor), Defendant A transferred KRW 150 million to the said individual’s account in the name of G (L) bank in the name of Defendant A’s operation, and Defendant J transferred KRW 500 million to the said individual’s debt to KRW 500 million.

The Defendants are together with the Defendants.