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A defendant shall be punished by imprisonment for six years.
Of the facts charged in the instant case, the point of occupational embezzlement is not guilty. The applicant for compensation.
Reasons
Punishment of the crime
On April 26, 2005, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. On November 16, 2006, the Seoul Central District Court sentenced six months to imprisonment with prison labor for fraud, etc. on January 28, 2007, which terminated the execution of the sentence at the Seoul Detention Center. On February 13, 2014, the Seoul Northern District Court sentenced one year and six months of imprisonment with prison labor for fraud, and three years of suspended execution, which became final and conclusive on August 2, 2014.
【Criminal Facts】
1. E-related crimes;
A. A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud Defendant established a company E (hereinafter referred to as “E”) under the name similar to H, which is a holding company of the F G shopping mall in Nam-gu Incheon (hereinafter referred to as “H”) and intended to promote this work, with the head of E’s management department I and the director J, etc. of the same company, in order to deceive the victims as if they were H’s subsidiaries.
However, the above H and E are entirely separate companies, and the defendant was not a shareholder of the above H and did not have any right to the shopping mall because there was no share.
In addition, the above H had already renounced the share of the shopping mall and had been notarized.
In addition, the defendant did not invest in money or secure the right of retention in the shopping mall.
Nevertheless, around October 2007, the Defendant held 50% of the shares in the said shopping mall as the representative director of H, and additionally secured 20 to 25% shares in the said shopping mall in the first floor E office in Gangnam-gu Seoul, Seoul, and paid a large amount of profit if he/she opens the business to G department store.
Since he has secured 100% lien on the shopping mall in his private company, he can make a big profit by saving his shares.
If one million won is invested in this project, 1.5 million won shall be paid for a total of 1.5 million won per day for 100 days, and KRW 1.5 million per day for investment of KRW 9 million.