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(영문) 서울서부지방법원 2018.07.19 2017고합388
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On January 17, 2018, the defendant was sentenced to 10 years of imprisonment and 17.5 billion won of fine by the Seoul High Court for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the judgment became final and conclusive on April 10, 2018.

[2] From October 12, 2007 to October 23, 2008, the Defendant, who served as the representative director of the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) in Ansan-si, a member B, was changed to “D,” and was in general responsible for the management of the assets of the victimized Co., Ltd.

On August 207, Gyeonggi-do, E, F, and “G” purchased and sold Chinese-style cattle farms, and shipped and sold Chinese-style cattle after raising them from entrusted breeding farmers, and settled the profits therefrom, thereby creating “Korea-style Fund” for the purpose of enhancing the intent to raise Korean-style cattle through the improvement of the farmers’ profit structure, etc. In addition, the victimized company, which is the fund participating company, may request part of the investment solicitation amount of seven billion won and receive delivery.

Accordingly, the Defendant, a real estate owned by H on December 21, 2007, granted a down payment of KRW 700 million, intermediate payment of KRW 800 million, KRW 1 billion, and KRW 1 billion when the Defendant is unable to perform this contract on the grounds of the destruction, etc. of the contract, etc., with respect to KRW 700,000,000,000,000,000,000,000,000,000.

“After entering into a real estate sales contract with a purchase price of KRW 2.5 billion including the content thereof, the Plaintiff filed an application for KRW 700 million of the funds of Korea-Japan limited company, which is in charge of managing the funds of Korea-Japan Fund under the pretext of opening a restaurant for distribution only, as part of the Han-Japan Fund Fund Project.

On December 26, 2007, the Defendant received 700 million won out of the U.S. funds under the above name from the K Limited Company with L bank account (Account Number: M) in the name of the victimized Company, and subsequently, the Defendant requested N, the representative director of H, to return the said funds at the time of the transfer of the above funds.

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