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(영문) 광주지방법원 2018.05.10 2017고단3965

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual operator of Limited Company B (the representative: C; hereinafter referred to as “B”) and the Defendant acquired the transport business (number plate 22) of the above Company from the police around January 2016.

However, G stated that the transfer contract was concluded around October 2015 between F, the former representative of the above company, and F, and F, which brokered the transfer contract, and the Defendant also made the same statement at the prosecutor’s office, and in the court (the time when the Defendant was examined) at the end of 2015, was stated as the last day of 2015;

The victim D is the borrower of the land of the above company.

B The E number plate, unlike its original purpose, is the number plate illegally registered as cargo truck, unlike its original purpose. On October 21, 2014, if it is accurately expressed against B by evidence (a copy of the judgment) that is confirmed by the 60-day administrative disposition of business suspension against the whole vehicle of the said company, the head of the Gwangju Metropolitan City Mine Office issued a disposition of business suspension for 60 days on October 22, 2014 by the head of the Gwangju Metropolitan City Mining Office (amended by Act No. 13382, Jun. 22, 2015) of the former Trucking Transport Business Act (amended by Act No. 13382, Jun. 22, 2015).

Therefore, even though B was dissatisfied with the administrative litigation, it would have been subject to an administrative disposition as to the above number plate against December 3, 2015, and it would have been seen that there was a suspension of execution for the above administrative disposition due to B’s application (Evidence No. 141 page of the evidence record). The suspension of execution should lose its validity due to the judgment against the above loss becomes final and conclusive, and the administrative disposition should be implemented.

On the other hand, the above judgment appears to have become final and conclusive on December 24, 2015 (Evidence No. 131 page), and the suspension of operation of the car truck of the victim who attached E number plates seems to have been implemented on February 2017.

Nevertheless, on April 2016, the defendant is at the I office located in Gwangju Mine-gu H.