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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
On April 5, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of false accusation and perjury at the Seoul Central District Court, and the judgment became final and conclusive on April 13, 2012.
The Defendant, a construction company for the operation of the victim C in Vietnam, is a person who has overall control over business affairs, such as fund management, as the head of the victim D Limited Liability Company (Establishment around July 2007, hereinafter referred to as “D”) and the victim E Limited Liability Company (Establishment around December 15, 2008, hereinafter referred to as “E”) (hereinafter referred to as “E”).
1. Around November 26, 2008, the Defendant: (a) received USD 66,412 (USD) from the Defendant’s new account in the name of the Defendant in the name of the Defendant for the expansion of the extracting rights for tin production in the Vietnam F region from the victim C from Vietnam on or around November 27, 2008; and (b) exchanged USD 1,15,568,80 (VND) with Vietnam on or around November 27, 2008 and kept in custody for the victim D (oil); (c) around that time, the Defendant issued KRW 1,00,00,000 (VND) among them for the above promotion expenses, and distributed the remainder of KRW 15,568,80 (VND),568,80 (VND, VND, 13,46,56, and 205 won for personal consumption; and (d) had an entertainment business for the purpose of personal consumption, etc.
2. Occupational embezzlement of victims E (oil).
A. From January 22, 2008 to February 2008, the Defendant was issued USD 800,000 (USD) from Vietnam to December 22, 2008, and used USD 600,000 (USD) from around that time to December 22, 2008, and kept USD 200,000 (USD) for the victim E ( oil). On February 22, 2008, the Defendant kept KRW 200,000 (USD) for the acquisition fund of the victim E (H) in the name of the victim E ( oil) bank with the new account in the name of the victim E (H) for the acquisition fund of the victim (USD), and kept USD 7,00,000 (USD) with the total amount of USD 7,000,000 (USD) with the exchange of the victim (V00,500) with the exchange of the victim (VN) from around that time.