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(영문) 청주지방법원 2015.07.09 2014고합167
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a member of the “clocks” (hereinafter referred to as “victim’s clan”) who is a victim.

1. In around 2009, the Defendant had a debt equivalent to KRW 500,000,000, and had the victim’s clan used to directly borrow the land trusted from the victim’s clan as collateral or invest in D Co., Ltd. (hereinafter “D”).

The defendant was in custody for the victim's clans under title trust each of the lands listed in the attached list 1 to 4. A.

On July 4, 2011, the Defendant borrowed 250,000,000 won from the Cheongnam Agricultural Cooperative to open a restaurant in order to operate a restaurant at the Namnam Agricultural Cooperative located in a considerable area of Cheongju-si, and entered into a mortgage contract with the Cheongnam Agricultural Cooperative as to the land indicated in the annexed crime list 1, with regard to the land indicated in the annexed crime list 1, the Defendant entered into a mortgage contract with the Cheongnam Agricultural Cooperative. On the same day, from the registration of the Cheongnam District Court, the Defendant completed the registration of the establishment of a mortgage for the land listed in the annexed crime list 1 in the future of the Cheongnam Agricultural Cooperative.

B. On August 25, 2011, the Defendant appears to be the Defendant’s “Cheongnam Agricultural Cooperative” in the indictment of the Cheongnam Agricultural Cooperative in Yongsan-dong in a substantial amount of Yongsan-gu, Yongsan-si, Chungcheongnam-si.

In order to provide D with loans of KRW 100,00,000 from the Cheongnam Agricultural Cooperative, the agreement was concluded with the Cheongnam Agricultural Cooperative on the mortgage of KRW 100,000 with respect to the land listed in Table 2 of the crime committed in the annexed Table 2, and the agreement was concluded with the Cheongnam Agricultural Cooperative on the mortgage of KRW 130,000 with respect to the land listed in the annexed Table 2, and the registration of the Cheongnam District Court and the registration of the establishment of the mortgage for the land listed in the annexed Table 2 was completed on the same day.

C. around October 25, 2011, the Defendant is the Defendant’s personal debt repayment and restaurant operation funds from the Cheongju Agricultural Cooperative located in Yongsan-dong, a substantial area of Cheongju-si.

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