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(영문) 서울중앙지방법원 2013.11.01 2013고단1957 (1)
사기
Text

Defendant

A Imprisonment with prison labor for one year, for ten months, for Defendant C and D, for eight months, and for Defendant E.

Reasons

Punishment of the crime

[Criminal Justice] Defendant A was sentenced to imprisonment with prison labor for a crime of fraud at the Cheongju District Court on April 4, 2013, and for the same year.

6. 14. The judgment becomes final and conclusive, and Defendant C was sentenced to one year’s imprisonment at the Suwon District Court on February 9, 2012 for fraud, and the same year.

2. The judgment became final and conclusive on November 9, 2012, Defendant E was sentenced to imprisonment with prison labor for a crime of fraud at the Incheon District Court on November 9, 2012, and the judgment became final and conclusive on the 12th of the same month.

[Specific criminal facts] The Defendants and Co-Defendant J, K, L, M, N, P, and Q (hereinafter “J, K, L, M, N,O, P, and Q”) received the capital from a certified judicial scrivener, office manager, and bond transfer owner, etc. prepared in advance, with the purport that “if the capital is lent, the case cost will be paid and returned immediately following the following day” under the pretext that they would be issued a necessary balance certificate at the time of the establishment of the corporation, and received the money by means of a passbook prepared in advance, and then the bank would receive the money from the bank prior to the collection of money from the above certified judicial scrivener by means of changing the report on loss or password of the above passbook.

Accordingly, Defendant E, A, and the above J are responsible for the overall responsibility of ordering the crime, such as the subject of the crime, name lender color, cash withdrawal book color, etc., and the above K, L, M, and N are engaged in preparing and moving the name lender, the role of preparing and moving the name lender, deposit or transfer, Defendant B, C, and the aboveO, P, and Q, the role of opening a passbook to divide the money acquired through deception and withdrawing the cash, and the role of the representative director, other R, S, etc. visiting the certified judicial scrivener office to establish the corporation by visiting the certified judicial scrivener office, and the role of the representative director, other R, and the representative director to establish the corporation.

1. Defendant A, D, and J, K, L, M, andO’s fraud joint crime against the victim T, around March 15, 201, Defendant A and J, according to the aforementioned conspiracy, committed the crime.

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