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(영문) 부산지방법원 2016.07.15 2015고합559
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for 8 months, for 10 months, for 10 months, for 1 year, for 1 year, for 1 year.

(b).

Reasons

Punishment of the crime

[criminal record] On January 28, 2016, Defendant C was sentenced to 10 years of imprisonment and 500 million won of fine due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. at the Busan High Court of Busan, and the above judgment became final and conclusive on April 28, 2016. Defendant D was sentenced to 2 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the part of assault was dismissed) on December 1, 2015, due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

[Presumption of Facts] Defendant C suffered monetary loss of KRW 00 million or more because it failed to obtain profits even though it provided funds to the gas station business operated by G from January 2012, 201, or provided funds to H accommodation business.

In this situation, G purchased the right of preferential profit equivalent to 6.7 billion won to Defendant C around August 2012 from the Busan Shipping Unit I (8th floor) and transferred the ownership through public sale, and then tried to make up for losses between them through individual sale, lease, etc. and divide profits.

No. 30

On December 31, 2012, Defendant C, who responded to this, created a false collateral security in a new union working for Defendant C, and created a down payment for the purchase of preferential profit rights of KRW 350 million, out of KRW 650 million, which was created by illegally obtaining a loan under Defendant C’s name. On February 4, 2013, Defendant C borrowed 200,000 from J as a bond, and then came to prepare an intermediate payment for the purchase of preferential profit rights of KRW 135,00,000,000,000,000,000,000 won, which was received by selling the above apartment after illegally cancelling the mortgage right of the Nam-gu Busan metropolitan apartment owned by G, Busan, and appropriated the outstanding payment for the purchase of preferential profit.

Defendant

C and G cannot preferentially purchase the right to benefit under the name of an individual, and thus, Defendant C’s wife M was a shareholder and representative director by mutual consultation.

N Co., Ltd. purchased preferential profit rights in the name of N Co., Ltd.

G is from March 5, 2013 to July 5, 2013 toO.

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