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(영문) 서울북부지방법원 2013.10.17 2013고단126

사기등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

Defendant

A is the representative director of “A” who is an automobile management businessman in Dobong-gu Seoul Metropolitan Government F, and Defendant B is the president of the above company, and Defendant C is the head of the above company’s factory.

1. An automobile management businessman who has violated the Automobile Management Act shall not receive illicit money or other illicit acts in relation to the business in question;

Nevertheless, around December 2, 2008, the Defendants conspired to receive illegal money and valuables related to the automobile management business by paying KRW 1.20,000 won for the repair cost of the said vehicle under the trade name of “I”, which entered H Ha car requiring repair in the said G, as a consideration for business expenses (the continuous common value) to the J which conducts the automobile portion maintenance business.

In addition, from around that time to July 3, 2012, the Defendants paid 174,347,500 won in total through 2,296 times in return for having 49 maintenance business establishments and towing business establishments, as shown in the attached Table 1 of Crimes List 1, and for having 10% of the vehicle repair cost by suffering the vehicle requiring repair as above, the Defendants paid money and valuables equivalent to KRW 174,347,50 in total.

As a result, the Defendants conspired to receive illegal money in relation to the automobile management business.

2. On April 5, 2008, Defendant A and B, in collusion with C (limited to the facts constituting the same crime as indicated in Table 3 of the crime committed) and received K E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EM from a victim, claiming repair costs to the Dong E E E E E E E E E E E E E E E E E E E E E E E E E E E E E EM, who was the victim, and received KRW 153,780 as the price for the net government goods around April 28, 2008.

Defendants, including this, shall be attached from around that time to July 31, 2012.

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