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Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
except that from the date of this judgment.
Reasons
Punishment of the crime
[Criminal Power] On February 3, 2017, Defendant A was sentenced to two years of imprisonment for fraud, etc. at the Seoul Southern District Court and three years of suspended execution, and the said judgment became final and conclusive on February 11, 2017.
【Criminal Facts】
On April 2015, the Defendants were entrusted with the affairs related to the merger and acquisition by the victim C, the representative director of F, in relation to the merger and acquisition by the stock company G (hereinafter referred to as “G”) promoted by F (hereinafter referred to as “F”), and in the process, Defendant A requested funds necessary for the merger and acquisition by the above victim, Defendant B received funds from the victim, delivered them to Defendant A, and confirmed whether Defendant A executed funds under the name of Defendant A’s request and reported them to the victim.
1. The Defendants’ co-principal
A. On July 2015, Defendant A received consent from the victim by stating that “A shall pay 450,000,000 won to investors of the acquisition fund of H, etc. in connection with G M&A,” and Defendant B requested payment of KRW 450,00,000 to investors of the acquisition fund of H, etc. from the victim around July 6, 2015. Defendant B received an order from the victim to “A shall pay 450,000,000 won to the investors of the acquisition fund of H, etc. in connection with G M&A.” The withdrawal of the bill to send the money and pay the money to A, and the receipt from the recipient of the money after confirming whether A used the money as its name.” On the same day, Defendant B received KRW 450,00,000 from the victim’s deposit account in the name of Defendant B.
Accordingly, Defendant B shall withdraw the above 450,000,000 won and deliver it to Defendant A, and verify whether Defendant A uses it in the name of the victim’s request, and Defendant A also uses it in the name of the request made by Defendant B.