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(영문) 서울남부지방법원 2016.11.25 2015고합120
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Reasons

Punishment of the crime

Defendant

A On July 2, 2014, the Seoul Southern District Court sentenced one-year imprisonment for fraud, etc. at the Seoul Southern District Court to a suspended sentence of two years on September 12, 2014, and added ex officio after the judgment became final and conclusive.

On March 25, 2015, the Seoul Southern District Court sentenced 104 pages, 345-2 pages, 345-2, and 25 March 25, 2015 to a suspended sentence of one year for embezzlement, which became final and conclusive on April 2, 2015.

Defendant

B On May 18, 2012, the Seoul High Court sentenced ten months of imprisonment for a violation of the Commercial Act at the Seoul High Court on September 23, 2012.

Around February 2014, the victim H asked I, who was aware of it, to find out the funds that may be used to lend the shares of J (hereinafter “J”) as collateral to I. Upon the victim’s request, I asked Defendant B who was aware of it at ordinary times upon the victim’s request, and Defendant B requested the above I to introduce the funds principle. Defendant B called the above I borrowed money from the name “K” in Busan, and in fact, provided the Defendant A who actually engaged in the bond business as collateral and received a loan.

On February 27, 2014, on condition that the Defendants borrowed KRW 500,000 to the victim at an unsound place, the Defendants received KRW 400,00 shares of J ( approximately KRW 884,00,00 per market price, KRW 2210,00 per share; hereinafter “first M shares”); on the same day, the Defendants received the first M shares offered as security; on April 16, 2014, on condition that the Defendant borrowed KRW 400,00 to the victim at a coffee shop located in Seoul Station, the Defendants received KRW 30,00 ( KRW 843,00,00,00 per market price at the time, KRW 2810,00 per share; hereinafter “second M shares”); on the same day, the Defendants received the second M shares offered as security; and on April 7, 200,000 (hereinafter “instant shares”).

The Defendants lend money to the victim as above.

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