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(영문) 서울서부지방법원 2018.07.11 2016고단3806
무고등
Text

Defendant

A shall be punished by imprisonment with prison labor for the crimes of fraud of 2017 Highest 1840, for the forgery of private documents, and for the crime of gambling documents.

Reasons

Punishment of the crime

【Criminal Records】

1. Defendant A was sentenced to one year of imprisonment for perjury, etc. at the Incheon District Court on December 10, 201, and the execution of the sentence was terminated at the Incheon Detention House on February 11, 2011. On January 29, 2015, the Incheon District Court sentenced one year of suspension of execution to one year of imprisonment for fraud, which became final and conclusive on May 29, 2015. On November 11, 2016, the Seoul Western District Court sentenced two years of suspension of execution to four months of imprisonment for embezzlement and became final and conclusive on November 3, 2017.

2. Defendant B was sentenced to six months of imprisonment for fraud at the Incheon District Court on April 4, 2012, and the execution of the sentence was terminated at the Incheon Detention Center on September 11, 2012. On August 19, 2016, Defendant B was sentenced to four months of imprisonment for fraud at the Incheon District Court on August 19, 2016, and the said judgment became final and conclusive on November 25, 2016.

3. Defendant C was sentenced to one year of imprisonment for a violation of the Punishment of Tax Offenses Act at the Incheon District Court on May 24, 201, and the execution of the sentence was terminated at the Dong House in Seoul on November 24, 201. On December 19, 2013, Defendant C was sentenced to one year and two months of imprisonment for fraud at the Suwon District Court on December 27, 2013, and the said judgment became final and conclusive on September 29, 2014, and was sentenced to six months of imprisonment for fraud at the Suwon District Court on November 17, 2016, and became final and conclusive on February 9, 2017, and on May 24, 2017, the said judgment became final and conclusive on September 19, 2018 upon being sentenced to six months of imprisonment for fraud at the District Court of the Republic of Korea on May 24, 2017.

【Criminal facts】 Defendant A was audited by a limited company D (hereinafter “D”) from August 16, 2012 to July 4, 2013, Defendant A, at the request of the Defendant, who was the representative director of D from August 16, 2012 to February 27, 2013.

Around September 14, 2012, the Defendant and D’s directors purchased a Fbenz E300 car in the name of E, and around October 4, 2012, the Plaintiff purchased the land of Gyeyang-gu Incheon in the name of E, and borrowed KRW 910 million from H’s point of view as collateral for the said land from H’s point of view, and thereafter offered the said land to I as collateral and 150 million.

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