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(영문) 인천지방법원 부천지원 2017.05.10 2016고단3403
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who actually operates Credit Business Group D in Gangnam-gu Seoul Metropolitan Government 401 and actually operated Credit Business Group F in Gangnam-gu Seoul Metropolitan Government E 405.

When the Defendant operates a lending company, the Defendant has lent the money invested from investors to a third party, and has been engaged in the business of recovering the principal and interest from a third party and returning to investors.

1. On April 29, 2009, the Defendant: (a) at the above office around April 29, 2009, set up a right to collateral security in the name of the victim in the real estate of H and set up 2.5% interest every month on the real estate of H, if he/she takes charge of KRW 30 million.

“Along with the transfer of KRW 30 million from the injured party to the national bank account in the name of Defendant I, the Plaintiff registered the establishment of a collateral security right with the maximum amount of KRW 45 million and the creditor as the injured party in Gangseo-gu Seoul Metropolitan Government J apartment Nos. 101, 301, and 301, which H owned.

From July 2010 to August 2010, the Defendant received KRW 41,755,00 from H to receive KRW 30,000,000 from H for the purpose of repaying its obligation, and used the amount of KRW 30,000,000 invested by the injured party for the victim’s business, without returning it to the victim for his/her personal purpose, such as paying company operating expenses and interest to other investors.

2. On June 17, 2009, the Defendant: (a) at the foregoing office around June 17, 2009, the said victim “K shall pay money to the said victim; and (b) upon receipt of KRW 60 million, K shall set up a collateral security in the name of the victim on the real estate of K and receive 3% interest each month from the principal.

“On June 17, 2009, from June 18, 2009 to June 18, 2009, the Plaintiff received KRW 60 million in total from the damaged party to the said account under the I’s name. On June 18, 2009, the Plaintiff registered the establishment of a collateral security right with a maximum amount of KRW 120 million in claim amount to KRW 1914 square meters in the amount of KRW 19,000,000,000,000 in the amount of claim amount to KRW 1914 square meters in the Gangseo-gu L owned by K around

On March 16, 2010, the Defendant used the debt repayment from K around March 16, 201.

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