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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. On May 2014, the Defendant: (a) established a mine company in the name of “C” in the name of “C” in the Mondo; (b) however, D and E were embezzled for a large amount of corporate funds; (c) received demand for the obligees to repay the corporate funds; (d) left Mongolia to manage this work on March 11, 2015; (c) however, even if the obligees’ demand for the repayment was serious, it was in fact impossible to depart from the Republic of Korea until the obligees’ demand for payment was settled.
The Defendant, at the above C office on March 2015, posted the phone call to Switzerland to the victim F, who was known to the general public, and on March 2015, left the interest of 15% per month in Mongolia.
The Supreme Court decided that it would pay profits by leasing equipment of KRW 50,000 per 4 per share with the purchase cost of equipment, such as refrackers, to pay interest equivalent to 2.5% per month, and to pay the principal after one year.
However, the Defendant had no intent or ability to pay in time the agreed interest and principal, even if he received money from the injured party, because the Defendant had already been obligated to pay the money from the injured party due to the burden of debt equivalent to one billion won to the bank and the individual, in addition to receiving the demand for repayment from the said creditors, and the mine business was actually discontinued.
Around March 26, 2015, the Defendant deceivings the victim as above and acquired 200 million won from the victim to the account under the Defendant’s wife G name.
2. On June 8, 2015, the Defendant, in occupational breach of trust, received USD 100,000 each from F and his husband, and USD 200,000 in total, from around June 10, 2015, was engaged in the operation of the victim company as the head of the victim company as the head of the victim company.
When lending corporate funds to another person, the defendant causes damage to the juristic person.