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(영문) 부산지방법원 2018.09.28 2018고합126 (1)
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for six years.

2 billion won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

[criminal records] On October 7, 2015, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Regulation of Similar Receiving Acts at Suwon Friwon, etc., and was sentenced to a two-year suspended sentence, and the judgment became final and conclusive on February 18, 2016.

[Status Relationship and Presumption Facts] The Defendant is a person who works as an agent for the management support office of C Co., Ltd. (hereinafter “C”) which is an investment advisory firm in Gangnam-gu Seoul, Seoul, 13, 14, and 16 floors, and has been in charge of personnel management.

D (Detention on March 31, 2018) is a person who works as the team leader of the same management support room and has been in charge of fund management, etc.

E and F (as of March 20, 2018, each geographically nominated number) are the members of the "Gmmbol" organization that works in Japan in the event of Gyeonggi-do.

H, I, and J have been registered as the representative director of L Co., Ltd. (hereinafter referred to as “L”) on the third floor in Gyeonggi-ri-si. H, I, and J.

Han Part is the real representative of C, and N is the representative of O, a private business entity managing interest C’s investment funds under the nominal owner of the account deposited with C investors, and M and N, etc., when operating C, committed a crime of making a total of KRW 138 billion from the total number of investors from March 2015 to August 2015, and upon the end of August 2015, the Financial Supervisory Service initiates an investigation into C by searching for the office of C at the prosecution around September 17, 2015, and at the time, M was detained for four years by imprisonment with prison labor for a violation of the Act on the Regulation of Similar Receiving Acts from Suwon Methods until August 12, 2015, and arrested for the escape situation until October 15, 2015.

[Criminal facts]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) together with D, while M was detained as a separate case on August 12, 2015 by the court on the same day, there are many of C from the end of August 2015 to the Financial Supervisory Service and the prosecutor’s office with regard to C.

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