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(영문) 인천지방법원 2017.04.13 2015고합841

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

R Imprisonment for three years, for six months, for DefendantY, and for four months, for Defendant A.

, however, the defendant.

Reasons

Punishment of the crime

1. Defendant R was sentenced to one year of imprisonment for fraud at the Incheon District Court on November 11, 2015, and the said judgment became final and conclusive on November 19, 2015.

Defendant

Y On June 15, 2016, the Seoul Central District Court sentenced four months of imprisonment to embezzlement, and the above judgment was finalized on June 23, 2016.

Defendant

On December 14, 2015, A was sentenced to the suspension of the execution of the imprisonment of 8 months for fraud at the Suwon Friwon, which became final and conclusive on December 22, 2015.

2. [2015 Gohap 841] Defendant R’s violation of the Act on the AF tea shop in Seocho-gu Seoul on the AF AE of March 14, 2015, Defendant would deposit 50% of the discount amount with the victim’s vice president in the victim AG shop in Seocho-gu Seoul, and the remainder 50% discount the victim’s bill on the condition that the victim’s bill is used in each AI or the member shop.

If it is erroneous, it will be held liable for civil or criminal liability.

Recognizing the end, “AJ had AH issue a promissory note of KRW 462 million in face value and KRW 385 million in face value on the 16th day of the same month from the victim’s 16th day of the same month, and AJ issue a bill of KRW 385 million in its trade name with an AI (hereinafter “instant bill of this case”) in its trade name, and on the same day, 138.6 million in face value under the victim’s name (hereinafter “the instant bill of this case”) with an amount of KRW 138.6 million in face value on the 16th day of the same month as the victim’s name, and had AJ issue a bill of this case at the company’s discount in its members, Co., Ltd. (hereinafter “each of the instant bill of this case”). However, the Defendant loaned the bill of this case and each of the instant bill of this case to the Defendant’s company to use the amount of KRW 100,000 in its own debt discount (hereinafter “the Defendant’s debt discount”).