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(영문) 서울중앙지방법원 2013.11.13 2013고정5103
사기
Text

Defendant

A shall be punished by a fine of KRW 15,000,00, and by a fine of KRW 5,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A, on May 10, 2012, was sentenced to imprisonment of one year and eight months at the Seoul Central District Court for fraud, and the judgment becomes final and conclusive on May 18, 2012, and on May 31, 2012, a person who was sentenced to imprisonment of one year and four months at the same court on May 31, 2012, and the judgment becomes final and conclusive on September 7, 2012.

Defendant

B was sentenced to 10 months of imprisonment for a crime of fraud at the Incheon District Court on January 23, 2008, and the judgment became final and conclusive on April 25, 2008, and on December 19, 2008, the same court was sentenced to 6 months of imprisonment for a crime of fraud at the same court on December 19, 2008, and its judgment became final and conclusive on May 7, 2009, and on September 27, 2012, the Seoul Central District Court was sentenced to 2 years and 6 months of imprisonment for a crime of fraud at the Seoul Central District Court on October 5, 2012.

In collusion, the Defendants did not have an intent or ability to make a deposit account with KRW 3 billion in the name of the victim E, a corporation operating the victim, and they made a false statement to the effect that, on August 1, 2006, Defendant B’s work at the (State)G office located in the Hasan-si, Sinsan-si, Sinsan-si, Defendant B would create a deposit account with KRW 3 billion in the name of the above company if the fees are paid to the victim. Accordingly, from September 1, 2006 to the victim, the Defendants were able to do so from September 1, 2006.

9. By December 26, 2000 won, he received 78 million won as commission and acquired it by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Details of remittance;

1. Previous records: Application of each judgment and each criminal record statute;

1. Relevant Articles 347(1) and 347(1) and 30 of the Criminal Act and the choice of a fine for the crime (the defendants)

1. Handling concurrent crimes (the defendants) (latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Articles 70 and 69(2) of the Criminal Act or above;

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