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(영문) 서울남부지방법원 2018.09.07 2018고합264
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

【Around February 2017, the Defendant: (a) entrusted the Defendant’s name in the name of the Defendant with the “bonds for the Conversion of Unguaranteed Private Offering of Unregistered Interest Coupons” (hereinafter “Repaid Bonds”) issued by the Victim B (hereinafter “C”) as the Defendant’s credit rating is better than the victim; and (b) received a request from the financial institution to provide collateral and accept the loan under the Defendant’s name.

Around February 9, 2017, according to the trust agreement under the above name, the Defendant offered bonds with a total of one billion won converted from the injured party to the D Bank (hereinafter “D Bank”), and received loans of KRW 800 million from the D Bank to the injured party, and delivered the funds to the injured party under the name lending fee (hereinafter “instant loans”). Upon receiving a request from D Bank to offer additional collateral, the Defendant provided additional bonds with KRW 20 million converted from the injured party on March 31, 2017 to the D Bank, which was opened under the name of the Defendant (hereinafter “the converted bonds”), and the Defendant did not request D Bank to dispose of the total amount of the bonds to be converted to the total amount of KRW 1 billion and the bonds to be converted to the Do Vice-Chairperson until 2017.7.7.78.78, the Defendant did not request D Bank to repay the loan amount to the injured party (hereinafter “the converted bonds”).

E around August 2, 2017, after selling the converted bonds of this case, which had been offered as security to D banks in the non-permanent area of Gangnam-gu Seoul, Gangnam-gu, and received the payment, and repaid the debt of the instant loan to D banks and returned the converted bonds owned by the victim from D banks.

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