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(영문) 대전지방법원 2014.07.10 2014고단1058
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[Criminal Power] On September 20, 2012, Defendant A was sentenced to one year of imprisonment for fraud, etc. at the Daejeon District Court and two years of suspended execution, and the judgment became final and conclusive on June 15, 2013.

Defendant

B was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court on January 14, 2009, and the period of parole was expired on March 4, 2010 during the execution of the sentence. On December 14, 2012, the Daejeon District Court sentenced two months of imprisonment for fraud, etc. and one year and four months of imprisonment, etc. on April 26, 2013. On February 13, 2014, the said judgment became final and conclusive on May 9, 2014.

【Criminal Facts】

1. On July 2012, the Defendants’ co-principaled Defendants acquired a superficial corporation with no substance of the business and registered the Babbs as the representative, and then came to distribute the Babs under the name of the corporation, and the corporation would make profits within a short period of time as a method of closing down the business or cancelling the registration of the Babs. On August 2012, the Defendants acquired the Habs E Co., Ltd. as the Habsman Company and registered the F as the Babs Chairman.

Then, on September 2012, the Defendants suggested to the effect that “The Defendants would obtain a loan from the victim G from a middle and high-ranking vehicle, and if they borrowed the purchaser’s name, they would not cause damage by transferring the name of the said company to the name of the said company within 3 days after purchasing the vehicle, and pay 1.5 million won in return for the transfer of the name of the vehicle owned and the installment to the said company.”

However, in fact, the Defendants did not have any intent or ability to settle installment payments within three days even if they purchased a vehicle in the name of a person with credit standing from the victim.

Nevertheless, the Defendants deceiving the victim and belong thereto.

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