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A defendant shall be punished by imprisonment for two years.
The request of the applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
On October 31, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by the Seoul High Court of Seoul, and the said judgment became final and conclusive on February 26, 2015. On April 14, 2017, the Seoul Central District Court sentenced the Defendant to one year of imprisonment for fraud, etc., and the said judgment became final and conclusive on July 11, 2017.
1. Around August 2010, the Defendant: (a) introduced the Victim AR through a full-time adviser AV of a AU corporation that he/she operates; (b) emphasized the fact that he/she is the early car of the president of AW Co., Ltd.; and (c) expressed his/her ability to repay as if he/she could obtain financial assistance from his/her father who operates a Co., Ltd.; and (d) borrowed money from
The Defendant, around September 201, 201, intended to assist the victim to sell the unlisted stocks he/she holds to the high value.
The purpose of this paper was to make a repayment of money in return for money.
However, around May 2010, the Defendant had a large amount of obligation, such as a secured loan debt amounting to KRW 2.86 billion incurred in the process of acquiring AX Co., Ltd. (hereinafter “AX”), and could no longer receive a normal loan from financial institutions. A continuous business failure did not have certain profit, thereby maintaining the business by borrowing money mainly to an individual. AV borrowed KRW 200 million through AV, and the Defendant paid only part of the debt to other creditors, such as AY, Z, and Z, and the principal did not have any intent or ability to repay the debt in time, even if the Defendant borrowed money from the damaged person, the Defendant did not have any intent or ability to repay the debt.
Nevertheless, on September 21, 201, the Defendant was suffering from the damage, and around September 21, 201, 190,000 won under the name of the Defendant’s bank account (BA) for the management of the company.