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(영문) 서울서부지방법원 2017.03.28 2016고단3280
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On October 16, 2014, the Defendant was sentenced to a suspended sentence of two years on October 10 by the Seoul Western District Court for occupational embezzlement, etc., and the said judgment became final and conclusive on October 24, 2014.

[Criminal facts]

1. From December 201, the Defendant: (a) from around December 201, 201, was practically managing D Co., Ltd. (hereinafter “victim Co., Ltd”; and (b) the Defendant’s spouse E is a shareholder; and (c) was engaged in “NPL claim business” that raises profits through collection by accepting non-performing loans such as savings banks, etc.

A. Of F’s claim recovery amount, the Defendant received KRW 15 million from F as the principal and interest on February 10, 2012 from F as the corporate debt holder of the victim’s company to the corporate bank account under the name of E, the Defendant’s spouse, and received KRW 95 million on February 14, 201 as the corporate judicial scrivener’s account and embezzled KRW 15 million on the part of the victim company’s corporate debt collection amount as the sum of KRW 15 million on the part of the Defendant’s corporate debt collection for the victim company. Around that time, the Defendant did not transfer KRW 15 million to the corporate account of the instant company, but arbitrarily consumed it due to the Defendant’s personal debt repayment, etc.

B. Around May 31, 2012, the Defendant, with corporate funds, arbitrarily remitted KRW 50 million from the corporate account (new G) to H, an individual creditor of the Defendant, to the Defendant, for the repayment of the obligation to repay the investment amount, while having kept the funds of the victim company in business. On July 23, 2012, the Defendant embezzled KRW 500,000 in total by arbitrarily remitting the amount of KRW 500,000 to H under the same name as the said method.

(c)

On June 27, 2012, while the Defendant was in custody of the funds of the victim company, he transferred KRW 10 million from the corporate account (new G) to the above I under the name of purchasing vehicles from the other credit service chain I operated by the Defendant, and immediately transferred the vehicle from the Defendant’s spouse E to the account of the Defendant’s spouse, and embezzled it by arbitrarily consuming it for personal use.

(d)

F. Loans to F.

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