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(영문) 서울중앙지방법원 2016.10.27 2016고단4522
사기
Text

Defendant

A Imprisonment of three years and six months, Defendant B's imprisonment of two years and six months, Defendant C's imprisonment of two years and Defendant D.

Reasons

Punishment of the crime

[criminal power] Defendant C was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court on May 4, 2012, and completed the execution of the above punishment at the Incheon Detention Center on December 20, 2012. On December 19, 2014, Defendant C was sentenced to two years and six months of imprisonment for fraud at the Seoul Central District Court on December 19, 2014, and the judgment became final and conclusive on March 4, 2015.

Defendant

D was sentenced to three years of imprisonment for fraud at the Seoul Central District Court on August 13, 2014, and the judgment became final and conclusive on August 21, 2014.

[Public offering] The Defendants made a false statement to the effect that “the capital is insufficient to establish a corporation” to a certified judicial scrivener, the head of the office of certified judicial scrivener, the head of the office of Jeonju, etc. under the pretext of obtaining a certificate of necessary balance when establishing L and a corporation, and that “If the capital required to prove balance is lent, the case expenses shall be paid and the next day shall be returned immediately.” The Defendants received the borrowed money under the name of the head of the passbook prepared in advance under the name of the head of the Tongba president, who was deposited in the name of the head of the Tongba president, and decided to receive the money by means

L and Defendant A are responsible for taking charge of and giving instructions to the overall crime, such as the formulation of a crime plan, physical color subject to the crime, physical color of the nominal lender, cash withdrawal book color, etc. Under the above order, Defendant C and Defendant D play the role of soliciting the name lender, cash withdrawal book, and withdrawn stock price management, etc. according to the above order. Defendant B visited the office of a certified judicial scrivener in order to conduct the representative director who establishes a corporation.

【Criminal Facts】

The Defendants, in collusion with L, received only the certificate of balance of deposit in the passbook in the name of the corporation, so that Defendant B can receive the victim K and the certificate of balance of payment of the 400 million won fake stock price necessary for reporting the incorporation of the corporation at the N judicial scrivener office located in Seocho-gu Seoul Metropolitan Government No. 505 on July 3, 2013, according to the above public offering.

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