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(영문) 서울남부지방법원 2017.05.18 2016고합234
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for three years and six months, for two years, for two years, and for three years, for Defendant C, respectively.

Reasons

Punishment of the crime

[2] Defendant A was sentenced to a suspended sentence of two years for embezzlement on January 17, 2013 at the Seoul Southern District Court on the following grounds: (a) on November 25, 2013, Defendant A was sentenced to a suspended sentence of two years for one year; (b) on November 30, 2015, the Daejeon District Court sentenced Defendant A to a suspended sentence of two years for a violation of the Illegal Check Control Act; and (c) on December 8, 2015, the said judgment became final and conclusive on February 4, 2016; (d) on April 28, 2016, Defendant A was sentenced to a suspended sentence of one year for one-year imprisonment at the Daejeon District Court on April 27, 2016; and (e) on September 20, 2016, the said judgment became final and conclusive by imprisonment with prison labor for one year at the Daejeon District Court on the grounds of fraud; and (e) on September 21, 2016, the said judgment became final and conclusive by Seoul District Court.

Defendant

B On November 22, 2016, the Chuncheon District Court was sentenced to a suspended sentence of two years on August 30, 2016 for a crime of fraud, which became final and conclusive on November 30, 2016.

Defendant

C On May 31, 2012, the Seoul Central District Court sentenced three years of suspension of execution to one year and six months of imprisonment for fraud, etc., and the judgment became final and conclusive on July 26, 2012. On February 19, 2014, the Seoul Southern District Court sentenced three years of suspension of execution to a violation of the Financial Investment Services and Capital Markets Act on February 27, 2014. On November 5, 2014, the Seoul Southern District Court sentenced one year of imprisonment to a violation of the Financial Investment Services and Capital Markets Act on April 23, 2015 and became final and conclusive on July 7, 2016 after being sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and imprisonment with labor for a violation of the Act on January 3, 2016 and the judgment became final and conclusive on March 13, 2016.

[2] Defendant C provided another’s land as security to the J Co., Ltd. (hereinafter “J”) and received a black stuff without paying the price for goods, and then intended to provide funds by disposing of it.

Defendant

B With knowledge of the above circumstances, Defendant B is a defendant.

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