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(영문) 부산지방법원 2019.03.13 2018고단3924
사기
Text

Defendant

A Imprisonment with prison labor for six months, for four months, for defendant C, for six months, and for eight months, for defendant D, respectively.

Reasons

Punishment of the crime

[criminal power] On December 7, 2012, Defendant A was sentenced to one year and six months of imprisonment for fraud at the Busan District Court on January 17, 2013, and the judgment became final and conclusive on November 27, 2015, Defendant A was sentenced to two years of imprisonment for fraud at the Busan District Court on November 27, 2015, and three years of suspended execution, and the judgment became final and conclusive on August 19, 2016.

Defendant

B On June 14, 2013, the Seoul Eastern District Court sentenced 10 months of imprisonment for fraud and 2 years of suspension of execution on the 22th of the same month.

Defendant

C On February 13, 2014, the Seoul Eastern District Court sentenced one year of imprisonment with prison labor, two years of imprisonment with prison labor with prison labor for the crime of fraud, and the judgment was finalized on March 24, 2014. On December 21, 2017, the Gwangju District Court sentenced six months of imprisonment with prison labor for fraud, two years of suspended execution, and the judgment was finalized on the 29th of the same month.

Defendant

D On July 12, 2012, the Seoul High Court sentenced one year and six months of imprisonment for the offer of a bribe at the Seoul High Court, and the judgment was finalized on December 25 of the same year. On October 16, 2013, the Seoul Eastern District Court sentenced one year and six months of imprisonment for a crime of fraud at the Seoul Eastern District Court, and three years of suspended execution, and the judgment was finalized on November 20, 2013, and on August 11, 2016, five years of imprisonment for a crime of fraud at the Busan District Court was finalized on January 25, 2017.

【Criminal Facts】

1. Defendant A and Defendant D’s co-principal conduct conduct business from around 2005 to the transfer and acquisition of the right to operate the “brin restaurant” under the name of the employees temporarily installed at the construction site from September 2009 to November 201, 201, while actually operating the brin restaurant E Co., Ltd. (hereinafter “Co., Ltd.”) that is a company taking over the right to operate the brin restaurant, the company taking over the right to operate the brin restaurant (hereinafter “Co., Ltd.”) against many people. The crime of receiving money and taking money by fraud is committed on November 27, 2015, and the judgment was finalized on January 25, 2017 after being sentenced to five years of imprisonment with labor at the Busan District Court. Defendant A is an operator in the name of E, and the Defendants may transfer the right to operate the brin restaurant together.

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