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(영문) 부산지방법원 동부지원 2014.02.14 2013고합172
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

No. 1 of the judgment of the defendant

(c) No. 1 of the Decision No. 4 years of imprisonment with prison labor for the remaining crimes except for crimes;

(c) Crimes;

Reasons

Punishment of the crime

[criminal power] On January 28, 2010, the Defendant was sentenced to a suspended sentence of two years on February 5, 2010 by the Busan High Court for occupational embezzlement, etc., and the decision became final and conclusive on February 5, 2010. On February 12, 2010, the Busan District Court sentenced two years of a suspended sentence of six months of imprisonment for breach of trust, which became final and conclusive on February 20, 2010.

【Criminal Facts】

1. The victim D related defendant, in operating "G", a whole sales agent of F apartment in Busan Metropolitan City, as a result of E and Dong business, has invested in the sale business of F apartment in Busan Metropolitan City, with the promise of 50 million won to make an investment amount of KRW 20 million to KRW 30 million per the investment amount, and operated the sale business. However, in the situation where the payment of investment proceeds promised to be less than the expected sales amount is delayed and the company's operating expenses are insufficient due to the delayed payment of the investment proceeds made by the sale in lots and the payment of the payment of the pents or advertising expenses, etc., on November 23, 2009, H, who had been engaged in the business embezzlement of F apartment in Busan Metropolitan City, established "J" on the ground of the defendant's pro-friendly job I, and had H, who had engaged in management, etc., establish "J" as the head of "J", and continued to carry out the sale agent business of H's apartment fund management.

A. In November 2009, when the funds of “G” were received from investors in the floor or the sales business, the Defendant entered into a contract of F apartment 101 dong 2001, 2001 with the introduction of the Defendant-friendly I (the victim in paragraph (1) refers only to D) by the victim D (the victim in paragraph (1)) who entered into a contract of F apartment 101 dong 2001 dong 2001, the Defendant sold F apartment 101 dong 2001 dong 2001 through the business employees in the name of “G” around that time. The Defendant decided to raise the insufficient business funds by arbitrarily using the sales proceeds.

H In accordance with the direction of the defendant on November 20, 2009, at the F Sale Office located in K in Busan Metropolitan Government on November 20, 2009, at the F Sale Office, the purchaser of F apartment units No. 101, 2001, and H.

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