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(영문) 서울중앙지방법원 2015.08.13 2014고단824
사기
Text

Defendants shall be punished by imprisonment for up to eight months.

Reasons

Punishment of the crime

[Attachment] On November 18, 2010, Defendant A was sentenced to a suspended sentence of two years on August 10, 201 by the Suwon District Court for the charge of forging Private Document, etc., and the said judgment was finalized on November 10, 201.

Defendant

A on November 21, 2013, at the Seoul Central District Court sentenced on two-year suspended sentence to imprisonment for each of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and M, and N, and it is confirmed that the above judgment became final and conclusive on November 29, 2013 due to O's fraud. However, the above judgment was sentenced to a fine not exceeding imprisonment without prison labor or heavier punishment for the aboveO which could have been adjudicated simultaneously with this case, and thus, it does not constitute a latter concurrent crime of Article 37 of the Criminal Act.

Defendant

B On November 21, 2011, the Seoul Central District Court sentenced the suspension of the execution of two years and six months to a violation of the Commercial Act, etc. on March 31, 2012, which became final and conclusive on March 31, 2012. On July 18, 2014, the Seoul Central District Court sentenced one year and six months to a violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.) at the Seoul Central District Court, which became final and conclusive on September 25, 2014. On October 18, 2013, the said judgment became final and conclusive on March 27, 2014 after being sentenced to two years of imprisonment to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court.

【Criminal Facts】

Defendant

A around April 15, 201, around 201, it received a proposal from the victim H to offer 10,000 shares as security of the I shares at a coffee shop, where the trade name near Gangnam-gu Seoul G apartment is unknown.

At the time, Defendant A had drawn up Defendant B, who satisfyed with organized violence as a result of the need for money such as more than KRW 100,000,000, and had satisfy to conduct it as a purchaser and to acquire the said collateral shares.

Defendant

A means that at that time the defendant B, who had escaped due to the fraud, obtained the shares provided as security by telephone, and the defendant B shall do so.

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