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Defendant
B Imprisonment with prison labor for eight months and for six months, each of the defendants A.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 27, 201, Defendant A was sentenced to a suspended sentence of two years for a violation of the Securities and Exchange Act at the Seoul Central District Court on August 30, 201, and the said judgment became final and conclusive on June 30, 2012. Defendant B, who was sentenced to six months of imprisonment for an attempted crime at the Central District Court on November 27, 2008, completed the execution of the sentence at the Seoul Detention Center on June 2, 2009. On July 12, 2012, Defendant A was sentenced to ten months of imprisonment for a violation of the Securities and Exchange Act at the Seoul Central District Court on December 21, 2012.
[2012 Highest 6527; Defendants 2012J 6527; Defendants are those who helps the F to engage in credit business, and the victim (ju) H, who actually operated G, decided to pay 300 million won to July 31, 201 when borrowing 300 million won from the said F, but failed to comply with it. As the victim’s company purchased 1,072 monitors from the Seoul Guarantee Insurance and re-sale it, the victim company secured cash by purchasing 1,072 monitors from the said State and made the F repay with the proceeds of the sale, and offered to use part of the proceeds of the sale at will.
Accordingly, around August 4, 2011, the Defendants entered into a monitoring contract with (State) I in the name of the victim company, and sold it in KRW 165,848,249 to (State) K through (State) J with Defendant A’s director, and deposited the above amount in the account of the victim company during the period of deposit of KRW 77,513,000 in the post office account under the name of (State) J around the 10th of the same month, and embezzled the remainder of KRW 88,335,249 from August 10, 201 to August 26, 201, without depositing the amount of KRW 88,335,249 from the victim company to August 26, 2011.
Accordingly, the Defendants conspired and embezzled 88,335,249 won, which was kept for the victim company, by arbitrarily consuming it.
[2013 Highest 4513; Defendant B]
1. The Defendant’s fraud does not use the said money as L/C acquisition cost even if he/she borrowed money from the victim F.