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Defendant
E shall be punished by imprisonment with prison labor for four months, and by imprisonment with prison labor for six months.
Reasons
Punishment of the crime
Defendant
E was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Southern District Court, and completed the execution of the above sentence on March 28, 2009. On October 11, 2012, the Seoul Eastern District Court sentenced five years of imprisonment for fraud, etc., and the above judgment became final and conclusive on April 25, 2013. On November 23, 2006, the Defendant A was sentenced to two years and six months of imprisonment for fraud from the Chungcheong Branch Branch of the Cheongju District Court on November 23, 2006 to the Cheongju District Court on June 5, 2007, and completed the execution of each of the above punishment in the Cheongju District Court on April 1, 209.
1. Defendant E established AT (hereinafter “AT”) with BL on July 2010, but when BL is detained due to fraud, etc., Defendant E continued to operate AT along with Defendant A introduced from BL. Defendant A served as a real representative, such as the overall management of AT, and Defendant E served as an auditor, and Defendant E intended to serve as a fund for the company.
On November 19, 2010, the Defendants made a false statement to BO, an employee of the Victim BN, “I will pay the unpaid amount and pay the ordered land at the same time” to BO in the AT office located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, BM 301-1.
However, at the time, the defendants purchased a vehicle in the name of the representative director of the company due to the lack of funds for the operation of the company, and there was no intention or ability to pay the funds even if they were supplied by the victims because they were in the situation of demanding payment by the customer due to the unpaid payment of the AT.
The Defendants conspired to induce the victim as above and received 32,230,275 won from the victim on the same day.
2. On November 22, 2010, the Defendants supplied B Q, the representative of the victim BP, with the raw materials, at the above AT office.