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(영문) 의정부지방법원 고양지원 2015.06.25 2015고단855
횡령
Text

[Defendant A] Defendant A shall be punished by a fine of KRW 8,000,000.

Defendant

A fails to pay the above fine.

Reasons

Criminal facts

[criminal power] Defendant A is a person who was sentenced to imprisonment for one year and six months with labor for a violation of the Punishment of Violences, etc. Act (joint injury by an organization, etc.) in the Goyang Branch of the Jung-gu District Court on April 19, 2013, and the judgment became final and conclusive on April 27, 2013, and is still under suspension of execution.

【Criminal Facts】

1. Any person who intends to engage in a joint principal credit business by the Defendants shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor")

Nevertheless, the Defendants offered to run a credit business without registering the credit business, and Defendant B offered investment in the credit business fund, Defendant A decided to divide profits from each of the credit business.

Accordingly, on August 26, 2013, the Defendants loaned KRW 3 million to C as security the vehicle, deducted KRW 600,000 from the interest of KRW 10% per month, and agreed to receive the interest of KRW 10% per month. From that time to November 14, 2013, the Defendants provided loans to the unregistered persons, etc. totaling KRW 125 million by means of vehicle security loans and gambling loans, etc. to operate unregistered credit business.

2. Defendant A agreed to operate a credit business with the victim B as described in the preceding paragraph, to receive money from the victim, to use it as collateral loan funds, and to divide profits from the credit business into two parts.

Since August 26, 2013 to November 14, 2013, while the Defendant was given a specific use of KRW 153,350,000 for each vehicle as collateral loans, the Defendant used approximately KRW 15 million for the Defendant’s living cost, and approximately KRW 7,3350,000,000,00 for the Defendant did not notify B of the use, and rather than the use, the Defendant loaned money for gambling without any security against sexual distresss and did not recover it.

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