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Defendant
A Imprisonment with prison labor for two years and for eight months, respectively.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
"2017 Highest 2936"
1. On October 2015, the Defendant’s fraud against Defendant A made a false statement to the victim C, who was aware of his trade name in front of Seoul Saak Station in a coffee shop, with which it is impossible to know the trade name in front of the Seoul Saak Station, that read, “NPL NPL Nring Bank on unsold apartment units in Seongbuk-gu, Seoul, and non-performing loans and non-performing loans that financial institutions borrowed are unlikely to recover or difficult to collect. After the purchase of the bonds, the Defendant may collect the investment money by taking part in the auction at the court on the date of distribution of the bonds, and at least six months after the purchase of the bonds, the Defendant may pay investment profits equivalent to 25% of the principal in addition to the principal.”
However, in fact, the Defendant did not have any particular property at the time and failed to secure sufficient funds to purchase unsold apartment units or NPL bonds, and there was no intention or ability to pay investment profits to the Defendant through purchase of unsold apartment units or investment in NPL bonds.
On October 28, 2015, the Defendant was transferred from the victim to the E-bank account in the name of the Defendant’s knowledge of the amount of KRW 150 million as the fund for purchasing bonds related to the above apartment.
Accordingly, the defendant was given property by deceiving the victim.
From March 9, 2016, Defendant A served as an outside director in charge of external business and funds of Victim G (hereinafter “victim Company”) who is the representative director from March 9, 2016. Defendant B was an outside director in charge of funds of the Victim Company from March 9, 2016.
2. The Defendants’ occupational embezzlement means transferring the funds of the victim company to the H account in the name of Defendant A in order to use the victim company’s business operations and the management of the said company’s corporate account to the Defendant’s living expenses, etc.