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(영문) 서울중앙지방법원 2018.01.26 2016고단5660
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to a suspended sentence of one year and six months of imprisonment for fraud at the Suwon District Court on October 26, 201, and the judgment became final and conclusive on November 3, 201. On October 15, 2014, Defendant A was sentenced to a suspended sentence of one year for four months of imprisonment for fraud at the Suwon District Court on October 23, 201, and the judgment became final and conclusive on October 30, 2014, on October 30, 2014, as Defendant A was sentenced to a suspended sentence of six months of imprisonment for a violation of the Labor Standards Act at the Seoul Central District Court on October 7, 2014, which was sentenced to a suspended sentence of two years of imprisonment for one year at the Seoul Central District Court on November 30, 2015, and was sentenced to a suspended sentence of one year for fraud at the Seoul District Court on February 17, 2015.

Defendant

B was sentenced to one year and four months of imprisonment for fraud, etc. at the Seoul Central District Court on October 17, 2008, and the parole period on June 30, 2009 during the execution of the above sentence was expired on August 10, 2009. On July 11, 2013, the Seoul Central District Court sentenced two months of imprisonment and six months of imprisonment for fraud, etc., and the judgment on October 21, 2013 became final and conclusive on October 30, 2015. On January 30, 2015, the Seoul Central District Court sentenced eight months of imprisonment for fraud and became final and conclusive on September 11, 2015.

[2] As long as the Defendants’ right of defense is not likely to actually disadvantage, the facts charged were corrected ex officio without the amendment process of indictment.

Defendant

A, the planning company G and H Defendant A, the planning company, entered the Defendant B around October 2009, and the planning real estate business was conducted in the name of the corporation “H” in the office located in the Bupyeong-gu, Incheon, Bupyeong-gu J and the second floor.

A person who actually operated each of the above companies as the chairperson of the Council, and Defendant B is the president of the above “H” and managed the business team.

In fact, there is no access road in the vicinity of the mountain, and it is impossible to open the road and divide the land, and there is no possibility to develop the land in a short period or increase land prices.

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