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(영문) 서울중앙지방법원 2017.06.21 2016고합1114
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for four years, and Defendant B shall be punished by a fine of 10,000,000 won.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

To the extent that the prosecutor does not disadvantage the defendants' defense right, part of the facts charged were corrected or revised according to the facts obtained through the examination of evidence without the amendment process.

"2016 Gohap 1114"

1. Defendant A’s occupational embezzlement is a fund manager of investment and management company G with a share of 100% in the victim AB (hereinafter “B”), and a person who actually engaged in the management and operation of company B’s funds, and the accomplice H (the final decision of December 10, 2015) is an accomplice who works as a vice head for a mobile phone manufacturer I (hereinafter “I”) with the head office in Taiwan.

Defendant

Around June 201, H promoted a distribution business in which B purchases liquid book from a manufacturing company to supply to mobile phone retail stores by purchasing liquid book with I’s purchase funds, and H planned to put “K,” the friendship-friendly districts of HJ as its business owner, into the distribution stage, and to have the profits to be acquired by K, and the profits to be acquired by it.

Defendant

Ha and H, while engaging in the business of purchasing and supplying Liririri as above, intended to use H and the Defendant’s personal purpose of using the money that B transferred to K as a fund for the purchase of Liririririririri, not for the purchase of Liriririririri.

A. On August 31, 201, the Defendant and H received KRW 132 million from Company B’s funds to the NAC’s account for purchase price of I mobile phone, and transferred them to the NAC’s account, and H immediately transferred the said funds to the NAC’s account. On October 3, 2011, H transferred KRW 50 million from the said NA’s account to the said NAC’s NA’s NA’s NA’s NA’s NA’s NA’s NA account, and transferred KRW 10 million in total over three occasions.

After that, the defendant, by way of withdrawing or settling cash with the debit card of the above JJ's account.

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