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(영문) 서울중앙지방법원 2019.09.27 2019고정172
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On June 30, 201, the Defendant was sentenced to four years of imprisonment for a crime of fraud at the Suwon District Court, which became final and conclusive on June 14, 2012. On September 13, 2012, the Seoul Central District Court sentenced two years and six months of imprisonment for a crime of fraud, etc. on December 27, 2012, and the said judgment became final and conclusive on May 10, 2013.

【Criminal Facts】

1. On December 5, 2011, the Defendant, who is a public-private partnership with B, listens to the horses that the Defendant requires the funds for the business of distributing clothing from the victim C to prepare cash as collateral for the land located in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, his father’s name, and that the Defendant would provide the victim with a financing of KRW 30 million every month for every six months.

After receiving documents necessary for the establishment of the right to collateral security of the above land in return for the promise of being provided with B and B at the office located in Mapo-gu Seoul Metropolitan Government E on the 7th day of the same month, the above land was disposed of as collateral, and then was prepared to use it in installments.

Around December 9, 201, the Defendant, in collusion with the foregoing G, set up a collateral security (i.e., a debtor, a stock company I as a mortgagee, and (ii) a maximum debt amount of which is KRW 180 million, with H’s introduction cost deducted from the funds created by disposing of the software supplied by H, a stock company I as a means of disposing of the software supplied by H, and (ii) transferred the said G to the said G account and stored for the victim, the Defendant appropriated KRW 70 million, which was transferred to the said G account under the name of J on December 9, 201, for the personal debt repayment of B.

The Defendant, along with the above B, was in custody for the victim, as described in the attached list of crimes, from around that time to February 23 of the same month.

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