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(영문) 서울남부지방법원 2015.07.09 2014고합520

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendants shall be punished by imprisonment for two years.

However, from the date of the final judgment of this case, each of the above three years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of H Co., Ltd., and Defendant B is the major shareholder of I Co., Ltd. and a person in charge of actual fund execution of the victimized Co., Ltd., and the defendants are relatives.

On August 17, 2010, the Defendants: (a) performed the K Casino at the K Casino located in Seoul JJ; (b) lost the amount of KRW 300 million with each other; and (c) Defendant A was liable for the liability equivalent to KRW 300 million with respect to Defendant B; (b) Defendant B was able to execute funds without the consent of the directors, such as the resolution of the board of directors of the victimized company; (c) Defendant A lent money from the victimized company for the debt owed to Defendant B; and (d) Defendant A conspired with the rest of the borrowed money for the remainder of the borrowed money for the purpose of embezzlement the corporate funds of the victimized company.

Therefore, the Defendants, around August 18, 2010, ordered the N Office of the 15th floor of the Yeongdeungpo-gu Seoul Metropolitan Government MM building, Defendant B, a representative director, to hold eight copies of the 100 million won cashier's checks owned by the damaged company by the head of the finance team P of the victimized company through the O, a representative director, etc., and used them as gambling funds together by the Defendants.

Accordingly, the Defendants conspired and embezzled KRW 800,000 owned by the victimized company that Defendant B kept on duty for the victimized company.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police on P and R;

1. AR statement;

1. Application of Acts and subordinate statutes to the certified transcript of corporate register, borrowing certificate and receipt, copies of cashier's checks, minutes of directors' meeting, recording records, casino games and details of checks

1. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 356, 355(1), and 30 of the Criminal Act: Provided, That the upper limit of the punishment is the Gu.