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(영문) 대구지방법원 2016.06.10 2016고합61
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 14, 2011, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and that judgment became final and conclusive on July 14, 201.

On November 9, 2007, the Defendant, as the representative director of the Dispute Resolution Co., Ltd. established for the purpose of the Housing Sale Implementation Project, promoted a joint venture project (hereinafter “joint venture project in this case”) with the F F’s direction, which is established by the F’s direction to engage in illegal multi-level financial business.

In promoting the project, I, who is a person in charge of the instant joint project in the Defendant and the G Co., Ltd., entered into a sales contract to purchase the above H-day real estate in the joint name after receiving funds from the Multi-Stage Financial Co., Ltd. of F, but after being designated as an urban development zone necessary for the project from the Suwon-gu Office, I established a special purpose corporation (SPC) and received the ownership of the said real estate in the name of the corporation and received the ownership of the said real estate from the corporation.

In January 2008, the Defendant and I received 3 billion won from the F's multi-level financial company for the instant joint project, while attending the FM at a non-large location below Daegu, but 1.02 billion won was the land purchase fund of the said joint project; 200 million won was the land purchase fund; and 300 million won was determined to be used for the instant joint project; and the items and uses that can be used for the instant joint project are clearly limited to the items and uses that can be used for the instant joint project.

The defendant was transferred to the financial account in the name of the Dispute Resolution Co., Ltd. to KRW 2 billion on Jan. 24, 2008, and KRW 3 billion on Jan. 28, 2008 to the initial fund of the instant joint project, the purpose of use and use of which are strictly restricted, and thereafter thereafter, was kept in business for GAB and the Dispute Resolution Co., Ltd. from that time, the defendant deposited KRW 300 million at the request of LA on Jan. 25, 2008.

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