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(영문) 전주지방법원 2016.02.04 2015고합106
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A From April 13, 2010, as the head of the operating team of the victim K K in the Dispute Resolution Co., Ltd. (hereinafter referred to as “victim”) and from April 15, 2013 to April 2014, A engaged in the business of issuing membership cards, etc. of “L golf set” while serving as the head of the operating headquarters. Defendant B was engaged in the business of issuing membership cards from August 2009 to April 30, 201, and from May 31, 2012 to March 2014.

A victimized company was a juristic person that opened “L golf set” located in YM on October 1, 2007 and conducts golf course business, etc. from January 1, 201 to December 31, 2010; 259,753,893,483, and liabilities were KRW 289,326,513,515; -29,572,619,672, and net losses were 12,159,859,259,252; 263,109,109,745,59,590; 263,616,64,65, and 1965, 205, and 365,00,000,000,000 won or more; 263,516,065,00,000 won or more; 365,296,196,264,27,297,24,2,297

The injured company borrowed funds to be used for operating funds from the financial rights, such as the Japanese Savings Bank, but failed to change them, and was unable to obtain additional loans, the injured company borrowed funds from individuals as collateral and used them as operating funds of the victimized company within the limit of KRW 2,000,000 on December 10, 201.

The defendants shall provide the creditors with a registered membership among the golf membership of the damaged company as a security and borrow money and then sell it to high-priced or high-priced by stating the additional benefit of the name of the holder in the registered membership offered as a security at the time of payment (related to the borrowed loan of the following paragraph 1), and shall enter the additional benefit of the name in the registered membership of the victimized company in lieu of the fulfillment of the obligation and enter it in the name

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