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(영문) 서울중앙지방법원 2014.02.17 2013고단1957 (2)

사기

Text

Defendant

A Imprisonment with prison labor for three years, for 10 months, for Defendant C and D, and for Defendant E with prison labor for one year and two months, for Defendant F and G.

Reasons

Punishment of the crime

[Majority Power] On March 21, 2008, Defendant A was released on October 28, 2008 by the Seoul Northern District Court for the crime of false entry into public electromagnetic records, etc. and the execution of the sentence was terminated on November 30, 2008. On December 15, 2011, Defendant A was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, and appealed on May 4, 2012, and the said judgment became final and conclusive on June 29, 2012.

Defendant

D On December 21, 2006, the Gwangju High Court sentenced 3 years and six months to the crime of larceny, and completed the execution of the sentence on October 1, 2009.

Co-defendant M, N,O, P, Q, and R (hereinafter “M, N,O, P, Q, and R”) prior to the separation of pleadings and arguments were deposited with the head of a Tong prepared in advance to the effect that “if the capital is lent, the case fee will be paid and returned immediately after the next day” is issued at the time of the establishment of a corporation, and then the bank received money by means of a passbook prepared in advance to the effect that “the money will be returned to a certified judicial scrivener, office manager, and bond transferr,” under the pretext of obtaining a necessary balance certificate when establishing a corporation, and then acquired money by means of a hand transfer from the bank to another head of a Tong prior to the collection of money from the above certified judicial scrivener, etc. through a method changing the report on loss or password of the above head of a Tong.

Accordingly, Defendant A, R, M, and M are responsible for overall criminal instructions, such as the subject of crime, name lender color, cash withdrawal book color, etc. Defendant D and N are engaged in the following activities: (a) the role of preparing and moving the name lender; (b) deposit money; (c) the role of Defendant E, F, G, and P in charge of account transfer; (d) the role of opening a passbook to divide the money acquired and withdraw cash; (e) Q is the representative director who visited the certified judicial scrivener office to establish a corporation; and (e) other S, T and others, the role of the representative director who establishes a corporation by visiting the certified judicial scrivener office.

1. The criminal act committed against Defendant A, E, M, N, and Q victims U.S. is jointly committed.