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(영문) 대전지방법원 서산지원 2018.07.11 2017고단718

사기등

Text

Defendants shall be punished by imprisonment for six months.

However, the Defendants are above three years from the date of the final judgment.

Reasons

Punishment of the crime

On January 12, 2017, Defendant A was sentenced to imprisonment with prison labor for special larceny, etc. at the Incheon District Court on January 12, 2017, and on the 20th of the same month, the said judgment became final and conclusive on the 20th of the same month.

Defendant

A is the representative of F branch offices holding “D” (mutual change to E” after December 1, 2014) located in Seo-gu Incheon, Seo-gu, Incheon, and Defendant B is a person entrusted with the operation of the above gas station by Defendant A from August 2013 as a type of punishment A.

1. Defendant B is likely to be subject to compulsory execution due to taxes in arrears and due to unpaid debts when he/she registers his/her own or his/her business under the name of his/her or his/her birth.

A. On August 2013, G with the second floor of gas station building requested to lend the name of gas station operator to G with the name of gas station operator, and around the 28th day of the same month, G was added to the above D D joint business operator. On September 24, 2013, G was registered as the above D separate business operator (H registration number: H) and operated the above D until March 3, 2014;

B. On June 2014, the Plaintiff requested the J to lend the name of the gas station supplier to the Plaintiff and received consent from the Plaintiff, and thereafter, the J around the 18th day of the same month added the same DJ to the said D exclusive business operator, and thereafter, the J registered the said D as the said D exclusive business operator (registration number: K) on June 26, 2014 and operated the said D until October 16, 2014.

Accordingly, the defendant registered the business with another person's name for the purpose of evading tax evasion or compulsory execution.

2. On November 27, 2014, Defendant A tried to operate the above gas station in which he had been in charge of operation to B after he was released from the Ganyang Prison on November 27, 2014, but he was registered under his own name, Defendant A was likely to be subject to compulsory execution due to taxes in arrears, etc. while operating the gas station in the past, and Defendant A added Defendant A L to E joint business operators around May 8, 2015. < Amended by Presidential Decree No. 26357, Jun. 2, 2015>