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(영문) 서울중앙지방법원 2018.01.24 2017고합751
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years, for two years, for two years, and for one year and six months, for Defendant C, respectively.

(2).

Reasons

Criminal facts

[criminal record] On January 4, 2008, Defendant B was sentenced to imprisonment with prison labor for three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court, and the judgment was finalized on January 15, 2009. On May 3, 2012, Defendant B was sentenced to a suspension of execution for three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by the Seoul High Court for three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment was finalized on November 29, 2012.

Defendant

C was sentenced to six months of imprisonment for a violation of the Labor Standards Act at the Seoul Central District Court on September 9, 2016, and the judgment was finalized on December 15, 2016.

[Detailed Criminal Facts]

1. Pre-determined facts Q Co., Ltd. (hereinafter “ Q Q”) was established around January 1995 and was abolished on April 201, 2010, and was located on Seoul Gangnam-gu R and the 10th floor and engaged in manufacturing and selling of peripheral devices.

Q entered into a joint contract with S Co., Ltd. (hereinafter “S”), which is the first shareholder of Q on December 14, 2007, to jointly participate in the casino business, and withdrawn KRW 28.1 billion as advance payment on January 2008, and paid KRW 11.8 billion to S for investment in T (hereinafter “T”).

In addition, U.S., which is a casino operation company owned by one T, provided a blank bill of KRW 3, a blank check of KRW 2.246 billion, a promissory note of KRW 1.312 billion, and a check of KRW 1.32 billion.

Accordingly, Q was at risk of listing abolition because of almost little business performance, such as operating income -1,70,736,00 won for the first half of 2008, short-term loans, 6,945,360,188 won for short-term loans, and cash 30.9 billion won for cash loans held in 30.08, operating income -2,14,390,000 won for short-term loans, 4,921,526,266 won for short-term loans, and 32,79,000,000 won for the company’s business loss due to continuous decline in sales, and 34,210,000,000 won for the current net loss at 45.7% for our bank loans whose repayment period has expired, and due to the issuance of bills and bills in its name, they do not have good condition.

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