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Defendant
A and B shall be punished by imprisonment for six months, and by imprisonment for four months, respectively.
except that from the date of this judgment.
Reasons
Punishment of the crime
[criminal record] On November 2, 2011, at the Seoul Central District Court, Defendant A was sentenced to a suspended sentence of three years in one year and six months, Defendant B was sentenced to a suspended sentence of three years in one year and one year of imprisonment, and the above judgment became final and conclusive on January 10, 2012.
【Criminal Facts】
1. Defendant A and B did not receive the project financing (PF lending) from financial institutions to build a new golf course, and even if Defendant A and B received money from the victim F (hereinafter “victim”), Defendant A and B did not have the intent or ability to perform construction work at the new golf course site.
Nevertheless, around March 2007, at H office located in Jongno-gu Seoul Metropolitan Government Jongno-gu, the Defendants concluded that “We will implement the contact and new golf course construction project of I in Gangwon-do, and will implement the construction project of 30 million won on the face of the site.” In addition, if we fail to inform the construction within one month, they will return all of 30 million won to the victim.” On June 22, 2007, the Defendants received 30 million won from the victim’s account in the name of Defendant B to receive 30 million won from the victim.
2. The Defendants’ occupational embezzlement, around May 2007, acquired the damaged company from F at the office of Jongno-gu Seoul Metropolitan Government (hereinafter “victim”) J Co., Ltd., Ltd. (hereinafter “Co., Ltd.”) located in Jongno-gu Seoul Metropolitan Government for KRW 20 million, and Defendant B was registered as a director of the said company, and thereafter, Defendant B was practically operated the said company thereafter.
Defendant B is in charge of the direct fund management, and the Defendants are recognized to have the status of custodian in that they jointly operate the damaged company as seen below. As such, the Defendants are engaged in the above management.
On June 1, 2007, Defendants are located in the Gag Capital Office located in Gangnam-gu Seoul Eastdong 702-22, Gangnam-gu.