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(영문) 부산지방법원 2014.10.31 2012고합1214
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

Defendant

A Imprisonment with prison labor for six years and for four years, respectively.

Reasons

Punishment of the crime

[Defendant A] On October 20, 2009, the Busan High Court sentenced Defendant A to three years of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and a violation of the Act on the Regulation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and five years of suspended execution, and the above judgment became final and conclusive on

Defendant

B On June 24, 2011, the judgment on July 2, 2011 became final and conclusive on July 2, 201, after being sentenced to one year and six months of imprisonment and two years of suspended execution for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

[Defendant A] From January 15, 2008, as the representative director of the J (hereinafter “J”) that is a futures trading company, Defendant A took charge of the business of the said company, and Defendant B was the chief of the computer office of the said company.

Defendant

On July 2, 2008, K established L Co., Ltd. (hereinafter referred to as “L”) and registered Defendant A as the representative director, received investment funds from investors and conducted futures trading business by transferring the trade name of J Co., Ltd. to M Co., Ltd. (hereinafter referred to as “M”) on July 4, 2008.

From May 2008, the Busan East Police Station may not pay the dividend to investors because Defendant A et al. did not incur any profit through foreign exchange futures trading in collusion with K et al., notwithstanding the fact that, from January 15, 2008 to October 22, 2008, the Busan East Police Station shall pay to investors 22 weeks each share of “if an investor makes an investment of one million won, 6 to 8% of the principal of each share, 6 to 24% of the principal of each share, and if an investment of three million to 10 million won is made, 6 to 24 weeks each share of the principal, and 6 to 26 weeks each share of each share of capital if the investment exceeds 10 million won, she shall receive from investors 30,091 KRW 165,650,000,000,000 from investors, and shall not receive the investment from investors, or shall not receive the investment or report in the future.

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