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(영문) 서울중앙지방법원 2018.09.14 2017고합1186
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A and B shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, as to Defendant B and C,

Reasons

Punishment of the crime

[criminal record] On December 27, 2005, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and released on June 30, 2006, and the remaining term of imprisonment has expired on July 22, 2006. On March 16, 2018, the Seoul High Court sentenced Defendant A to five years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and finally decided on May 9, 2018.

Defendant

B On July 9, 2010, the Seoul Central District Court sentenced five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on February 24, 2011.

Defendant

C On January 25, 2013, the Seoul Central District Court sentenced 4 years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and decided on August 22, 2013.

[2] Defendant A is a person who actually operated E (the current school juristic person F, the following, and the E) as an incorporated foundation in Jongno-gu Seoul, Jongno-gu, Seoul. Defendant B is a person who was in charge of the president of Defendant B, and Defendant C is a director of the F University, and Defendant C is a director of the F University operated by E and managed funds.

The Defendants borrowed money from the victim G due to the difficulties in the operation of E and gathered in order to cover the operating fund.

According to such a mother, Defendant A lacks the amount of money to be paid to the victims on May 20, 2009.

I wish to pay back immediately as the registration fee entered with money.

“A false statement,” and Defendant B told the victim who confirmed it by telephone to the same effect as Defendant A.

However, at the time of fact, the Defendants embezzled the amount equivalent to KRW 8.8 billion from around 2007 to 8.8 billion to use private horse race tracks in operating private race tracks, paying personal debts, etc., and bear a large amount of obligations in the process.

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