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(영문) 대전지방법원 2019.02.21 2018고합466
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person in charge of the purchase, sale, and related fund affairs of the victim company's household and clothing while working as a trade team agent in around November 2, 2009 and working as a trade team agent in the victim company B (representative C; hereinafter referred to as "victim company") around November 2, 2009.

1. On March 23, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) prepared a “application for the payment of funds” with the content that “it is scheduled to purchase the sales risk equivalent to KRW 54 million from the Securities and Exchange Co., Ltd. E to the Securities and Exchange Resolution Co., Ltd., and submitted it to the said Company’s Financial Team after obtaining approval from the person in charge, the trade team leader and the representative director, etc.

In fact, in order to repay the personal debt to the defendant's funds with the defendant's funds, the defendant thought that the victim company would make the funds of the victim company to the Dispute Resolution E, which is the purchase and transaction office of the F, to transfer the funds of the victim company to the Dispute Resolution E, and even if the victim company pays the funds, it did not have the intent or ability to actually purchase the funds from the Dispute Resolution E, even if the victim company

Nevertheless, the Defendant, as above, deceiving a person in charge of the financial team of the victim company from the financial team and let the person in charge of the financial team transfer KRW 54 million to the bank account in the name of the victim company's funds to the bank account in the name of the purchase price, from that time, the same year.

7. By December, 12, as shown in the attached Table 1, 950,430,850 won in total over 12 times in the same manner as shown in the attached Table 1 of the crime list was used as gambling funds by having the Dispute Resolution E, the Dispute Resolution Co., Ltd., the Dispute Resolution Co., Ltd., H, and I pay the purchase transaction proceeds, and by having them appropriate the personal debt repayment to the Dispute ResolutionF or pay it to the J.

Accordingly, the defendant, by deceiving the victim company, acquired a total amount of 950,430,850 won property profit.

2. On April 6, 2018, the Defendant was guilty from K in the above victim company office.

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