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(영문) 대구지방법원 2016.06.24 2016고합37
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

1,394,200,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Since the end of 2007, the defendant was in attendance at the D office operated by C, and the company was aware of F, which is the actual operator of the F, while participating in the purchase of housing construction site that was entrusted by C, and the company was involved in the business of purchasing the housing construction site.

On the other hand, F was a vice-chairperson of a multi-level financial company, such as H, which operated with G, etc., for the purpose of housing construction project around April 25, 2006, and was established to operate a housing construction project in the name of the said company by having invested KRW 1.39,42 million in the said multi-level financial company’s funds in the name of the said company from around that time, and promoted housing construction projects, such as purchasing the housing construction site I, J, K, L, M, and above N-owned land and above-owned ground buildings (hereinafter “instant real estate”). On November 21, 2008, F was arrested and detained by the police as a multi-level financial receipt similar to the multi-level financial project and a habitual fraud case.

On October 31, 2008, when a warrant of search and seizure of the police for the office, etc. of the head office of the above multi-level financial company was executed by the defendant, the defendant was in office as the representative director of the E-level financial company from October 31, 2008 after receiving a request from F to entrust the representative director of the E-level financial company, and the defendant was in office from October 31, 2008.

1. Embezzlements of real estate owned by the Fund for the Adjustment of Victims;

A. When the defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) was in office as the representative director of the victim E, on December 19, 2008, he/she obtained a loan of KRW 500 million from the above union by providing P as the debtor and obtaining a loan of KRW 500 million from the above union in order to raise funds for the same business with P, while he/she was in office as the victim's representative director, the defendant has set up a collateral of KRW 650,000,000 from around five times to June 8, 2010 as stated in the attached Table 1 through (5).

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