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(영문) 서울중앙지방법원 2013.05.10 2012고합1568
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

Of the facts charged in this case, Defendant B.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to four years of imprisonment for a crime of fraud at the Suwon District Court on June 30, 201, and the said judgment became final and conclusive on June 14, 2012. On September 13, 2012, Defendant A was sentenced to two years and six months of imprisonment with prison labor at the Seoul Central District Court on September 13, 2012, and the said judgment became final and conclusive on December 27, 2012.

Defendant

B On September 9, 2010, the District Court sentenced on one year of imprisonment with prison labor due to fraud, fabrication of private documents, etc., and completed the execution of the sentence in the medical prison on January 5, 2011.

【Criminal Facts】

The Defendants agreed to provide false security along with the person in poor name, such as F (B), one-person G, etc., and to dispose of goods from the supplier of computer parts. Defendant B introduced false I by stealing personal information of 35,722 square meters (hereinafter “instant real estate”) prior to H in Gyeonggi-si (hereinafter “instant real estate”), which is the actual owner of the instant real estate in Gyeonggi-do through one-person G, etc., and stated in the indictment that Defendant B “scriptive documents are prepared.” However, in forging various documents necessary for the creation of false collective security right as described in paragraph (1) of the acquitted part, there is no evidence that Defendant B participated in the solicitation, and thus, this part is deleted.

Defendant

A tried to provide F and goods, provided the above land as collateral on the ground that it was false I, and conspired to acquire goods and dispose of them.

around July 15, 201, in collusion with the person in poor name, such as F and one-person G, the Defendants stated that, at the office of the office of the victim K Co., Ltd. (hereinafter referred to as the “K”), the victim K representative director of the company (hereinafter referred to as the “L”), the Defendants stated that, through the actual operator M of the “L”, the Defendant provided N of the representative director of the victim K “N as security of the land located in an amount equivalent to KRW 2.5 billion and supply the computer parts, etc.” and around July 18, 201, the Defendants provided that, around July 18, 201, the Defendant provided that, “P certified judicial scrivener” located in the 5-dong 411, Seocho-gu Seoul Metropolitan Government OO building 5, 411.

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