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(영문) 서울중앙지방법원 2015.05.01 2014고단8203
사기등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment of three years and six months, respectively.

Reasons

Punishment of the crime

Defendant

A has overall control over management and financing as a substantial manager of J from June 29, 2010 to August 30, 2011.

Defendant

B was in charge of fund management for the same period as the former business of the above company.

On October 1, 2010, the above company entered into a transfer agreement with M Co., Ltd. (hereinafter “M”) that operates the “L”, a foreigner-only casino in Gangnam-gu Seoul, and received an amount of money equivalent to 60% of the lost amount from the “L” game site from the customer attracting the company as the transfer fee (which is the revenue of the J of the Co., Ltd.).

Accordingly, J, from October 1, 2010 to July 31, 201, ordered M to attract customers and to collect KRW 843,788,60,00 from M.

1. On January 18, 2011, the Defendants instructed the employees O who received sales from M as above at the victim J office of Gangnam-gu Seoul N. N. 402, the victim J. 402, Inc. to pay the total sales amount to them.

The Defendants divided the sales amount of KRW 5 million from O without accounting as the income of the victim company, and divided the Defendants, and then spent KRW 400,300,000 for personal debt at their own discretion from December 1, 201 to June 29, 201, such as the arbitrary consumption of interest on the Defendants’ personal debt from KRW 5,00,00 from KRW 1,00 within the Seoul Si, Seoul.

In this way, the Defendants conspired and embezzled the victim's property.

2. The Defendants conspired to acquire money from the victimO who became an employee of the JJ to obtain money under the pretext of investment.

Accordingly, around November 2010, Defendant B loaned KRW 100 million to the victim as the operating expenses of the company at the above company office.

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