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(영문) 서울북부지방법원 2016.12.09 2016고합462
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to one month of imprisonment with labor for the crime of occupational embezzlement at the Seoul Northern District Court on August 17, 2015, and the judgment became final and conclusive on December 18, 2015.

The Defendant was sentenced to imprisonment with labor from March 26, 2013 to May 9, 2013 for the crime of occupational embezzlement (the crime of occupational embezzlement against victim E, and the date and time of the crime is from March 26, 2013 to May 9, 2013) and from December 10, 2015 for the crime of occupational embezzlement against victim F (the crime of occupational embezzlement from September 1, 2010 to March 31, 201), for victim G (the crime of occupational embezzlement from October 13, 2009 to June 18, 201) and for the crime of occupational embezzlement against victim F until March 23, 2015 (the Seoul Northern District Court Decision 2015No2715 decided March 27, 2015). The Defendant was sentenced to imprisonment with labor from March 17, 2011 to March 23, 2015.

On the other hand, in addition to each criminal offense against the victim F, the defendant was sentenced to the suspension of the execution of the imprisonment of 6 months at the Seoul Central District Court for the violation of the Road Traffic Act (hereinafter referred to as the "Act") in addition to the criminal offense of occupational embezzlement against the victim F, the victim G, and the corporation for the settlement of accounts, and the defendant was sentenced to the suspension of the execution of the imprisonment of 2 months at the Seoul Central District Court for the violation of the Road Traffic Act (hereinafter referred to as the "Act"), and the criminal offense of occupational embezzlement against the victim F and the crime of fraud against the victim G and the corporation for the settlement of accounts was committed before May 13, 201, and thus, the crime of this case was committed

Therefore, the instant crime does not take into account equity in cases where the instant crime is committed simultaneously with the crime of occupational embezzlement against the victim F, the crime of victim G, and the crime of fraud against the director-general of the dispute resolution committee (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). 【Criminal Facts】 The Defendant, who was in operation around 2009, bears a debt worth approximately KRW 800,000,000 due to the bankruptcy of the veterinary company, was in bad credit, and thereafter, the business director of the new manufacturing company or the leather raw materials company.

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