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(영문) 서울중앙지방법원 2014.04.17 2013고합689
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Imprisonment with prison labor for 6 months for the crimes of Articles 1 and 2 in the judgment of the defendant, and for the crimes of Articles 3 through 5 in the judgment of the court.

Reasons

Punishment of the crime

On August 27, 2009, the Defendant was sentenced to one year to six months of imprisonment with prison labor at the Seoul Central District Court for embezzlement, and the judgment was finalized on September 4, 2009. On December 23, 2011, the Seoul Northern District Court sentenced three years of suspension of execution on March 13, 2012 due to a violation of the Passport Act and a crime of habitual gambling at the Seoul Northern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a crime of fraud. On September 26, 2013, the judgment became final and conclusive on December 12, 2013.

[2013Gohap689]

1. The Defendant against the victim D established and operated E Co., Ltd. (hereinafter “E”) on March 10, 2006 and actually operated the housing construction implementation business. The victim D was bound to lend business funds to the Defendant around November 2009, and it was operated jointly with the Defendant under the business partnership agreement with the Defendant around early 2010, and was registered as the sole representative director of the said company on the register from March 31, 2010.

On April 30, 2010 and May 8, 2010, the fraud Defendant borrowed money necessary to lease a model voucher site to the victim in relation to the housing construction project implemented in the Dong-dong in Seocho-gu Seoul Metropolitan Government by the E office located in Seocho-gu, Seoul around April 30, 2010.

However, the Defendant paid approximately KRW 16 billion each month interest on the obligation of KRW 16 billion in relation to the purchase of the land necessary for the said housing construction. From June 23, 2009 to July 17, 2010, the Defendant raised funds, such as losing approximately KRW 800 million from the casino to gambling in Korea. The Defendant made a promise that is difficult to abide by G, HH, I, J, K, and L, and had no intent or ability to repay the money by acquiring money exceeding KRW 1 billion, and the money received from the complainant was paid to the personal obligation.

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