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(영문) 서울중앙지방법원 2017.02.15 2015고합863
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for one year and six months, respectively.

Of the facts charged in the instant case, Defendant A, and Defendant A.

Reasons

Punishment of the crime

1. Defendant A was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on February 2, 2007, and completed the execution of the sentence on December 2, 2012. On September 11, 2015, Defendant A was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on September 11, 2015, and the judgment became final and conclusive on January 14, 2016.

Defendant

C On February 12, 2016, the Seoul Central District Court sentenced two years of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on November 14, 2016.

2. [2015 Gohap 863] Fraud against Defendant A’s victim Q, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against Defendant K

A. The Defendant, on September 2014, committed fraud against the victim Q Q, will take over K to the victim Q, and “K,” to the representative director of K Co., Ltd. (hereinafter “K”) who is a company that supplies software to the Internet banking system in Gangnam-gu Seoul Ra, and the Internet banking system.

To the attorney-at-law, 1 billion won of acceptance fund is deposited in Escro (deposit of payment).

First of all, the registration of the representative director shall be paid 80 million won as the down payment, and the total of 1.5 billion won, such as 20 million won and 500 million won, shall be paid in sequence.

“The proposal proposed”.

However, the Defendant merely presented to the attorney the check of temporary financing from the bond company as if it were an Esck check, and there was no intention or ability to make the acquisition amount of one billion won to the attorney-at-law, and received the registration of the representative director from the injured party, and there was no intention or ability to pay the remainder of the acquisition amount normally.

Defendant deceiving the victim as above and entered into a contract for management rights and acquisition of shares with K on September 14, 2014, and on September 18, 2014, the representative director of the company was transferred from the victim to the representative of B and S, thereby acquiring pecuniary profits equivalent to the management rights of the company.

(b) with respect to the Victim K.

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