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(영문) 전주지방법원 2014.07.03 2013고합162

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by a fine of 10,000,000 won.

, however, the defendant.

Reasons

Punishment of the crime

【Defendant A’s representative director of the Defendant Company B, and Defendant B is a prepaid installment trading company established for the purpose of conducting funeral agency business, intermediary business, such as charnels, and other incidental business related thereto.

[Defendant A]

1. Violation of the Installment Transactions Act;

(a) Where a prepaid installment business operator related to the submission of false advance payment data concludes or maintains a consumer damage compensation insurance contract, such as a deposit contract with a depository institution to secure the payment of consumer damage compensation, he/she shall be prohibited from submitting false data on advance payment, etc.;

1. Nevertheless, the Defendant submitted advance payment data to a new bank, which is a depository institution, around February 17, 2011 and around March 17, 2011, and in fact, the Defendant is required to deposit an amount equivalent to 34,580,000 won, which is 20% of the mandatory deposit rate of KRW 1,722,928,207, which is 20% of the total cumulative total amount of advance payment paid from members, in the said new bank. However, the Defendant is required to deposit an amount equivalent to 34,580,000 won in the said new bank by means of reducing the number of

2. On February 17, 2011, such as the number Nos. 1 in the crime sight table No. 1, the deposit account of the new bank (which is written in the bill of indictment as “O,” but this is obvious that it is a clerical error, and thus, the correction was made as above) Nos. 107,350,803, attached Form 10

2. On March 17, 2011, 201, as the number Nos. 1 and 2 in the list of crimes, only KRW 253,850,163 in total, including KRW 146,49,360, was deposited in the new bank account (K’s indictment is “P” but it is apparent that it is a clerical error. As such, it was corrected as above.)

2. In addition, in the process of withdrawing deposited money for consumer damage compensation insurance from the above new bank around April 27, 2012, the Defendant actually withdrawn deposit money from the above new bank by submitting a false termination document as if members would normally terminate the contract even if members did not terminate the mutual aid contract and would normally withdraw deposit money.