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(영문) 수원지방법원안양지원 2020.08.20 2019고단1702
횡령등
Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 8 million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[2019 Highest 1702] Defendant A is the E representative director, Defendant B is in charge of accounting and financial affairs by holding office as F’s insurance solicitor, E’s vice president, joint representative, etc. Since September 201, Defendant C has been in charge of financial counseling as an insurance solicitor from around September 201.

Defendant

B around August 4, 2014, the victim called “A, who operates E, is expected to make investments in the fund of an unlisted company. The Republic of Korea, through A’s representative, will assist the victim to make investments in the fund. It gives 2-year maturity and 10% fixed interest rate. An investment is made in the fund goods of an unlisted company.” From the victim, around August 4, 2014, the victim received KRW 30 million from the E G bank account under the name of the fund investment, such as receiving KRW 30 million from the H bank account under the name of Defendant B to the H bank account under the name of Defendant B, and kept the victim for the sake of the victim.

Under the judgment that the risk of the said fund product is high, the Defendants thought that they will use the said investment fund for the exclusive use of the funds as the operating funds of E without the consent of the victim. From the early August 2014 to September 2014, the Defendants arbitrarily used it for repayment of debt, such as interest on loans, E operational funds, personal use, etc., and sent text messages to the victim as if they were used as normal fund investment funds.

Accordingly, the Defendants conspired and embezzled the victim's property.

[2019 Highest 2214] Defendant A is a person who has operated a bank manufacture and sales business in the name of "E" in the name of "E" from August 201 to April 2019, Seongbuk-gu Itel in Sungnam-si.

Defendant

A calls from the K in March 2017 to the victim K, and "A is engaged in the sacrife control and character business in China, but the project fund is required, and it lends KRW 100 million to the K.

If a person lends KRW 100 million to another person, he/she shall be given one million won as interest per month, and ① shall be converted into a cash value and set as a security, and ② the market value of family ownership shall be increased to KRW 500,000.

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