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집행유예
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(영문) 서울동부지방법원 2005. 4. 8. 선고 2004고단3166,2004고단3206(병합),2004고단3353(병합),2005고단570(병합) 판결
[사기·교통사고처리특례법위반·유가증권위조(인정된죄명:유가증권변조)·위조유가증권행사(인정된죄명:변조유가증권행사)][미간행]
Escopics

Defendant 1 and two others

Prosecutor

New Superintendent;

Defense Counsel

Attorneys Han-jin et al.

Text

Defendant 1 shall be punished by imprisonment for two years, by imprisonment for one year and two months, and by imprisonment for ten months, respectively.

The 169 days of detention before the pronouncement of this judgment shall be included in the above-mentioned sentence against Defendant 1, the same seven days of detention shall be included in the above-mentioned sentence against Defendant 2, and the same two days of detention to Defendant 3, respectively.

However, with respect to defendants 2 and 3, the execution of each of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant 2 and 3 shall be subject to probation and shall be ordered to provide community service for 120 hours.

Criminal facts

Defendant 1 was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on November 9, 2000 and completed the execution of the sentence on January 4, 2001 at the Seoul Central District Court on January 4, 2001, and was the chief of Nonindicted Company 1 and the operator of Nonindicted Company 2, the managing director of Nonindicted Company 2, the managing director of Nonindicted Company 1, and Defendant 3 were the vice chief of Nonindicted Company 1;

1. Defendant 1 and 2 conspired:

Around November 1, 2002, the fact at the office of the non-indicted 1 corporation located in Songpa-gu Seoul Metropolitan Government means that the defendant's business operation of the non-indicted 1 corporation operated at the time is difficult, and there is no particular property and debts up to KRW 180 million, and even if the defendant borrowed money from the non-indicted 3, the above victim's intent or ability to repay the principal and interest within 10 days, although he did not have an intention or ability to repay the principal and interest within 10 days, the above victim's loan of KRW 50,000,000 to pay the principal and interest within 10 days." The above victim's false statement that "if he borrowed KRW 50,000,000,000,000 won, he/she shall be paid the principal and interest within 55,000 won

2. Defendant 1 and 3 conspired with Nonindicted 4, an executive director of Nonindicted Company 1, in collusion:

The facts at the office of non-indicted 1 corporation located in Seocho-gu Seoul court on February 2003, the Seocho-gu Seoul Coast Guard stated that the above company's business was difficult at the time, and there was no particular property and debt of KRW 230 million or more, and even if the electronic equipment is supplied on credit from the new distribution of the victim non-indicted 5, who is the electronic equipment distributor, the defendant 3 did not have an intention or ability to pay the price. However, upon the order of the non-indicted 4 and the defendant 1, the defendant 3 received the order from the non-indicted 5 and the non-indicted 5, and the defendant 3 supplied the electronic equipment to the non-indicted 5 on credit, such as electric screen machines, etc., 30% of the price of the goods to be paid immediately as the down payment, and the remaining price shall be paid within one month from the above victim's June 2, 200, and the remaining price shall be paid at least KRW 300,000,294,79.

3. Defendant 1:

A. A. Around August 20, 2003, the victim non-indicted 6's ELI projector import and sale business entity (commercial name omitted) located in Goyang-si (detailed address omitted) called "the victim's non-indicted 6's ELI projector" as of August 20, 2003, the fact that the defendant's business operation at the time was difficult, and there is no particular property and there is no debt, and even if the debt is provided from the victim on credit, even if the above victim did not have the intent or ability to pay the price, the above victim shall pay the price of the goods within 65 days if the goods are supplied on credit from the victim, regardless of the fact that the victim did not have the intention or ability to pay the price for the goods." The above victim was obtained from the non-indicted 2 office located in Seoul (detailed address omitted) around the 25th day of the same month, the sum of the price for the goods, including 2,981,000 won, and the aggregate amount equivalent to 16664,8470 million won.

B. On September 24, 200 of the same year, the fact at the (name omitted) certified judicial scrivener office located in Seoul (detailed address omitted), stating that even if the victim non-indicted 7 has completed the registration of ownership transfer of the forest owned by the said person, the above victim shall purchase the amount of KRW 1494 in the amount of KRW 95 million in the amount, although he did not have the intent or ability to pay the intermediate payment and the remainder, regardless of the victim's intention or ability to pay the intermediate payment and the remainder. At the same time, if he has completed the registration of ownership transfer of the said forest at the same time with the down payment of KRW 50 million, the intermediate payment of KRW 20 million shall be paid until November 3, 2003, and the remainder payment of KRW 25 million will be made without molding from the above victim until October 23, 200 of the same year.

C. On November 1 of the same year, it is false to the victim non-indicted 10, a victim non-indicted 10, who was an electronic equipment distributor located in the Seocho-gu Seoul (detailed address omitted) and was called the victim non-indicted 9, who was a victim, even if the victim was supplied goods on credit from the above company, even though there was no intent or ability to pay the price. Thus, the victim non-indicted 10, who is an employee of the above company, shall pay the price of goods within one month on credit, regardless of the fact that the above company was provided with goods on credit from the above company, and the equipment 9,694,437 won such as telephone, etc. at the Seongbuk-dong store located in the above victim on December 12 of the same year, and around the same year, around 15 of the same year, it is equivalent to the amount of KRW 45,919,373 won, and the sum of the amount of goods acquired from the victim non-indicted 2 corporation located in Gangdong-dong Seoul Metropolitan Government on the same month around 18.

D. Around 21:00 on March 4, 2004 (vehicle number omitted), when driving a new-chip x car and driving a one-lane of 553 road in front of the Southern-si, Chungcheongnam-si, Seoul, into a two-lane area, and turn to the left at about 10 km per hour. At that time, although the place was the place where the non-protection circuit sign was marked, the victim Non-Indicted 11 driver's (vehicle number omitted) who proceeded to the left by negligence in the course of duty in violation of the signal, without properly checking the vehicle coming from the opposite direction, and without automatically checking the vehicle going to the left in front of the vehicle of the defendant's driver's vehicle, the victim suffers a conjection dumumumumumumum, which requires the treatment of approximately 2 weeks.

4. Defendant 2:

A. On October 3, 2003, at the office of S&BBB located in Seodaemun-gu Seoul, Seodaemun-gu without authority for the purpose of exercising, Non-Indicted 12 received from the non-Indicted 12 a copy of the promissory note number (detailed number omitted), the amount of 50 million won, the date of payment, Sep. 23, 2003; the issuer (name omitted); the representative director (name omitted); the Seoul Special Metropolitan City; the place of payment; the place of payment; the place of payment; the place of payment; the place of payment; the place of Non-Indicted 13; and Non-Indicted 13 obtained from Non-Indicted 12 a bill number of KRW 5,000,000,000 in the amount in the non-indicted 5,000,000 won in the non-indicted 13; and the name of the above representative director of the securities company, the name of the above (name omitted); and the alteration of a promissory note under the name of the above (name omitted).

B. On October 1 of the same year, a revised promissory note was delivered to Nonindicted 14, as if it was actually issued, at the coffee shop located in the second floor of the Seoul High-speed Bus Terminal located in Seocho-gu Seoul, Seoul, the second floor of the distributiondong of Seocho-gu, Seoul, and at the same time, was used.

Summary of Evidence

(Case Nos. 1 and 3-A through (Case No. 1 omitted):

1. Entry of Defendant 1 in part of the first trial record and entry of Defendant 2 in the first trial record;

1. The third protocol concerning the examination of suspect by the prosecution against the defendant 1, and the protocol concerning the examination of suspect by the prosecution against the defendant 2;

1. Each protocol of the police statement on Nonindicted 15, Nonindicted 10, Nonindicted 3, Nonindicted 7, and Nonindicted 7

Facts No. 2 (2005 Highest 3206):

1. Entry of Defendants 1 and 3 in the second protocol of the trial;

1. Each prosecutorial suspect examination protocol against the above Defendants (including the part of Non-Indicted 5's testimony about the interrogation of suspect)

1. Statement on Nonindicted 5’s statement

§ 3-D. (Case Number omitted):

1. Statement made by Defendant 1 in the third protocol of the trial;

1. A protocol concerning the examination of suspect against the defendant 1 by the prosecution;

1. The actual condition of traffic accidents;

1. Statement on the occurrence of a traffic accident by Nonindicted 11

1. A written diagnosis on Nonindicted 11

(Case Number omitted):

1. Defendant 2’s legal statement

1. Copies of each promissory note;

Defendant 1’s previous conviction of the first head of the ruling:

1. Criminal records of Defendant 1;

1. Investigation report (the confirmation report on the date of release);

Application of Statutes

1. Article applicable to criminal facts;

A. Defendants: Articles 347(1) and 30 (Article 1, 2, 1, 2, and 2 of the Judgment of Defendant 1, Defendant 1, and Defendant 3 of the Criminal Code, and choice of imprisonment, respectively) of the Criminal Code

B. Defendant 1: Article 347(1) of the Criminal Act (the 3-A through (3) of the Act on Special Cases Concerning the Settlement of Traffic Accidents) (the 3-A through (4) of the 3-A-C, the choice of each imprisonment), Article 3(1) and (2)1 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268

C. Defendant 2: Articles 214(1) and 217 of the Criminal Act (Article 214(1) and Article 217 of the Criminal Act)

1. Aggravation of repeated crimes;

Defendant 1: Article 35 of the Criminal Act (Objection to each of the crimes of fraud in the Judgment of Defendant 1)

1. Aggravation of concurrent crimes;

(a) Defendant 1: the former part of Article 37, Articles 38(1)2 and 38(2), and 50 of the Criminal Act (within the scope of proviso of Article 42 of the Criminal Act);

B. Defendant 2: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Code

1. Suspension of execution;

Defendant 2 and 3: Article 62(1) of the Criminal Act

1. Probation and community service;

Defendant 2 and 3: Article 62-2(1) of the Criminal Act

Judges Kim Hong-han

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