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(영문) 춘천지방법원 영월지원 2014.02.07 2013고단484
사기방조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2012, the Defendant was sentenced to the penalty of KRW 30 million on August 21, 2012 by the Seoul Eastern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).

Criminal facts

1. The Defendant, in the name of “D” in Seocho-gu Seoul Metropolitan Government C Building 101, operated a coffee specialty store, was merely 6 million won monthly sales at the above coffee specialty store, and thereby, was difficult to conduct business by falsely manipulating the sales performance and disposing of the premium with the highest amount of premium as if the business was well-known, thereby enabling the Defendant to deliver a new card (F), visa card (G), etc. under the name of the Defendant to E, and to manipulate it as if the sales occurred by causing false sales by using the above card.

Thus, on September 6, 2010, E presented to the victim H a false statement about the details of the sales product that fabricated monthly sales in the IM 13th floor in Gangnam-gu, Seoul, the 13th floor of the 13rd Building, stating that “The monthly average sales amount shall be at least KRW 1200 to KRW 13 million,” and the Defendant was accompanied with E at the time of the above sales contract, and E received from the victim KRW 7 million on the same day, and KRW 30 million on September 15, 2010, KRW 75 million on the same day, and KRW 38 million on October 3, 2010, and KRW 75 million on the premium.

Accordingly, the defendant assisted the act of fraud of the above E by delivering credit cards and facilitating the crime.

2. The Defendant, as above, delivered a credit card under the name of the Defendant to E in order to assist the Defendant in committing the crime of fraud, and E used it to generate false sales without actually selling coffee, etc., so the payment of the said credit card was not normal transaction.

The defendant is the Seoul Central District Court located in Seocho-gu Seoul Central District Court around March 12, 2012.

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