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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
◀2011고단819 피고인은 서울 서초구 D빌딩 3층에 위치한 E법률 사무소 소속의 변호사이다.
1. The Defendant, from around 2009 to around 1 billion won, made an investment in the film of “G” produced by F, by raising funds equivalent to KRW 1 billion, and made an investment in the film of “G”, and then, around May 27, 2010, it was necessary to open the said film and to additionally publicize the amount equivalent to KRW 1 billion. However, as the funds are insufficient, the Defendant failed to raise the above amount due to the shortage of funds, he was willing to borrow money as if it was used for the performance bond to be entrusted with the management of the industrial finance bonds of KRW 2,000, the face value of which was 100,000,000.
Around May 14, 2010, the Defendant: (a) presented the “consultation performance agreement” to L, an agent of the victim K, and “A was entrusted with the management of industrial finance bonds; (b) opened a “consultation performance agreement” to the effect that the Defendant was entrusted with the management of industrial finance bonds; and (c) provided the said agreement to investors; and (d) requested L, an agent of the victim K, to borrow and request the performance guarantee necessary to be entrusted with the management of the industrial finance bonds; and (c) made such agreement to L, an agent of the victim K, and made a request for the lending of money; and (d) presented such “A lawyer was entrusted with the management of industrial finance bonds; (e) included the performance guarantee amount of KRW 200 million in the Sk account for the management of industrial finance bonds; (e) currently, KRW 100 million was prepared, but the remainder of KRW 100 million was not prepared; and (e) made a false deposit in the account after making a false deposit.”
However, the facts do not mean that the defendant has not been specifically entrusted with the management of industrial finance bonds, and the "Agreement on Implementation of Consultation" presented as above.