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(영문) 서울중앙지방법원 2014.07.17 2013고단8157
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On February 11, 2004, A was sentenced to fraud, embezzlement, imprisonment of two years and seven months at the Seoul Central District Court on April 9, 2004, and the above judgment became final and conclusive on August 15, 2005, and the execution of the sentence was terminated on August 15, 2005, and Defendant B (D prior to the opening of name) was sentenced to a suspended sentence of two years for a crime of fraud, violation of the Road Traffic Act (non-licensed driving) at the Seoul Central District Court on March 11, 2008, and became final and conclusive on May 2, 2008.

Defendant

A is the representative director of E Company, and the defendant B was his employee.

In fact, the Defendants did not have the right to deliver the goods to the U.S. PX, so even if they are recruited to purchase a vehicle for transporting the goods and let them purchase the vehicle for transporting the goods, they did not have the intent or ability to guarantee the high-amount of income every month.

Nevertheless, the Defendants conspired with each other,

1. On December 2, 2006, at the E Co., Ltd. office located on the third floor of the FM building in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, on the advertisement "five limited recruitments and high-profit security of the land owners in the U.S. PX supply", and at the same time, the victim G was delegated the PX supply right of the U.S. military unit by Hyundai Logistics Co., Ltd. within the five vehicles. Since the company has recruited the land owners within the five vehicles, it would be 30 million won by providing the vehicle to ensure that it can be supplied with the goods to the U.S. PX in a stable manner and stable manner. This would be guaranteed a fixed amount of KRW 3 million per month." The victim’s money shall be transferred from the victim’s account in the H’s name to the H account on December 16, 2006, and the sum of KRW 200,000,000,000,000,000 won by means of the I account.

2. Around January 2007, the victim J, who reported the above office's advertisement that military supplies can be carried out with a rolling stock, has "PX military supplies vehicle".

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