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(영문) 대구지방법원 2015.05.01 2014고단103
횡령등
Text

Defendant

A As to the crime of fraud and fabrication of each private document on February 17, 2010, the judgment of February 2012 is rendered.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to one year and two months of imprisonment for a violation of the Act on the Punishment of Violences, etc. (Support for Use of Organizations, etc.) at the Seoul High Court on April 1, 201, and three years of suspended execution, and the above judgment was finalized on August 5, 201. On March 28, 2013, the Daegu High Court sentenced three years of imprisonment for fraud, etc. and five years of suspended execution, and the above judgment was finalized on April 5, 2013. On April 1, 2014, Defendant A was sentenced to one year of imprisonment for a violation of the Act on the Punishment of Violences, etc. (Support for Use of Organizations, etc.) at the Seoul High Court.

5. The judgment became final and conclusive.

[2014 Highest 103] Defendant A issued a certificate of beneficial interest amounting to KRW 1.2 billion (the debtor I and the beneficiary G of the trust principal) as security against the amount of KRW 600 million borrowed from the victim H, the representative director of G (State), around March 18, 2010.

Defendant

A and B, on July 2012, stated that “The above certificate of beneficial interest is sold to the victim for KRW 600 million,” and obtained the consent of the victim, and even after receiving KRW 600 million from the purchase price of the above certificate of beneficial interest, the victim was aware that only KRW 300 million was paid to the victim, and that the remaining KRW 300 million would be useful in other places.

Accordingly, around July 26, 2012, the Defendants received KRW 600 million as a check from the J and kept the victims in custody on behalf of the victims. On the same day, the Defendants issued KRW 300 million to the victims of LA building located in Daegu Suwon-gu LA, “The remainder KRW 300 million will be received later,” and issued KRW 300 million to the victims, and the rest of KRW 300 million will be issued to the victims by preparing a charter agreement and a letter of commitment, and then arbitrarily consumed KRW 300 million in Daegu-gu, etc.

Accordingly, the Defendants conspired and embezzled KRW 300,000,000 in custody for the victim.

[2014 Highest 828] Defendant A is heading 801 of Mapo-gu Seoul Metropolitan Government MM building.

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