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(영문) 대구지방법원 2016.05.12 2015고단1362
사기
Text

Imprisonment with prison labor for each of the crimes of subparagraphs 1 and 2 in the holding of the defendant, and for each of the crimes of subparagraphs 3 in the holding of the defendant, it shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On July 10, 2008, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court and ten months of imprisonment, and the execution of each of the above punishment was terminated at the Daegu District Court on April 10, 2010. On June 5, 2013, the Daegu District Court sentenced one year and four million won of imprisonment for fraud, etc. and decided on June 13, 2013. On January 16, 2014, the Daegu District Court sentenced one year of imprisonment for fraud, and completed the execution of each of the above punishment at the Daegu District Court on November 29, 2014.

1. [Attachment 2015 Highest 1362] C and the Defendant, while establishing a corporation, made a request for a certificate of balance through a certified judicial scrivener office, using the fact that a credit service provider receives a certain fee and then withdraws it again after the establishment of a corporation, upon receiving a request for a certificate of balance from a certified judicial scrivener office, requested a certified judicial scrivener office to establish a corporation and immediately transfer an amount deposited in an account under the name of the representative of a corporation to another account through Internet banking, and then deliver it to the other account and receive it.

Accordingly, the Defendant introduced and participated in D with a person who will act to lend the name of the incorporation of a corporation, and made E take part in the establishment of a passbook which will be deducted from the establishment of a corporation, and C, along with D, planned to divide the role of preparing documents for registration of establishment of a corporation and transferring funds for certifying balance, and the Defendant planned to withdraw funds transferred with E.

C On December 5, 201, at around 11:00 on December 5, 201, at the G Certification Office located in Daegu-gu, Daegu-gu, Seoul-gu, the victim H, an employee of the said office, “In order to establish a legal entity, the victim H will provide a certificate of balance of KRW 50,000,000 at the face-to-face fee and the cost of a certified judicial scrivener.

“A false statement” was made.

In this regard, the victim opened the Saemaul Treasury Account in the name of D on December 6, 2011 and deposited KRW 50 million in the account.

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