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(영문) 서울중앙지방법원 2017.11.16 2017고단5229

사기

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court on September 11, 2013, and the execution of the sentence was terminated on June 28, 2014. On November 30, 2016, Defendant A was sentenced to a suspended sentence of three years and six months, and the above judgment was finalized on June 2, 2017.

[2] A person who has obtained a license for private taxi transport business under the Passenger Transport Service Act shall not transfer the license unless there are reasons such as where he/she is unable to drive directly due to disease requiring medical treatment for at least one year within five years from the date of acquisition.

Defendant

B as a private taxi transport business entity operating a private taxi in E, even though it did not meet the above conditions of transfer on May 2016, 2016, she was introduced Defendant A, a private taxi trading broker, to pay for personal debt urgently needed, and the Defendants were willing to obtain a false medical certificate and to transfer a private taxi license in B using it.

Accordingly, on May 12, 2016, Defendant B was issued a medical certificate to the effect that, along with Defendant A’s nameless boxes, Defendant B’s act was conducted by G Hospital located in Gangnam-gu Seoul Metropolitan Government F, in lieu of driving of the above nameless boxes, Defendant B was issued a medical certificate to the effect that “it is necessary to avoid occupational driving due to restrictions on driving, etc. during a long-term period of not less than one year due to disorder in light of the cirical plate, etc.”

On May 23, 2016, Defendant A made a false statement in the I Office located in the Gwanak-gu, Seoul Special Metropolitan City, that “A would transfer a personal taxi transport business license under the name of B if the victim J would transfer 86 million won,” and concluded a sales contract using the above written diagnosis.

However, as seen above, the license for private taxi transport business in the above name B was in a state of not less than five years since it acquired the license, and it was in need of treatment for not less than one year.