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(영문) 춘천지방법원 강릉지원 2016.05.12 2015고합87
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment of three years, Defendant B and C shall be sentenced to six months of imprisonment, Defendant D and E shall be subject to a fine of 10,000,000, respectively.

Reasons

Punishment of the crime

1. Defendant A operated by the Defendant around October 2002.

M has become a bad credit holder due to bad credit standing, and was to establish and take office as a representative director on April 2007 (State) N, but the defendant had registered anO in a de facto marital relationship with the defendant as a representative director, and operated (State) NM due to the bad credit holder, and changed the trade name of the above company into a (State) F, around October 2012, 2014, and took overall control of the affairs of (State) F, until he transferred (State) F, to Defendant D and E for the purpose of distributing capital reduction, and is a person who actually operated (State) R, the main purpose of which is to attract insurance.

(a) Where a prepaid installment business operator in violation of the Act on Installment Transactions concludes or maintains a consumer damage compensation insurance contract, such as a deposit contract with a depository institution to secure the payment of compensation for consumer damage, he/she shall not submit false data in submitting data on advance payment, etc.;

Nevertheless, the Defendant, in collusion with Defendant B, who is in charge of making an advance report as the managing director of the F. F. F., submitted advance data from the early December 2, 2012 to November 2014, when submitting an advance payment data from the K.F.’s office, an advance payment agency, from the K.F.’s office, and deposited KRW 20,453,413,093 equivalent to 11.52% of the total cumulative total amount paid by the members of the F.F., and deposited KRW 2,352,142,506, which is equivalent to 11.52% of the mandatory deposit rate of KRW 1.52% of the total amount paid by the members of the F.F., however, the Defendant should deposit the accumulated advance by omitting or reducing the advance payment made by some members of the members as at the end of the attached crime list (1).

Accordingly, the Defendant, in collusion with Defendant B, omitted or reduced advance payment when submitting advance payment data from the early December 2012 to November 2014.

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