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(영문) 서울중앙지방법원 2014.05.30 2013고단7791
사기등
Text

Defendant

A-2 and 4-4 of the Decision, 4 months, with respect to the first offense

(a)eight months of imprisonment in respect of the crimes;

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to two years of imprisonment with prison labor for fraud at the Incheon District Court on June 18, 2009 and the said judgment became final and conclusive on June 26, 2009 (hereinafter “previous conviction”), and on December 8, 2011, the Incheon District Court sentenced one year of imprisonment with prison labor for fraud at the Incheon District Court on March 15, 201, and completed the execution of the said punishment in the Gyeyang Prison on December 6, 2012 (hereinafter “second preceding conviction”), and on January 23, 2013, the execution of the said punishment was completed in the Gyeyang Prison on December 6, 2012 (hereinafter “second preceding conviction”), and on May 30, 2013, the execution of the said punishment was finalized on May 30, 2013.

(hereinafter referred to as “third prior conviction.” Defendant B, at the Daegu High Court on August 26, 2010, sentenced four years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), completed the execution of the said sentence in the Daegu Prison on October 13, 2012.

[2013 Highest 5215]

1. The Defendant committed fraud against Defendant A’s victim P is the actual operator who was in the position of the president of Q Q Co., Ltd. (hereinafter “ Q”) established for the purpose of scrap metal and waste materials sales business on July 9, 2008.

On July 15, 2008, the Defendant entered into a service contract related to the investment in facilities related to scrap metal and resale in the name of the representative director R of Q and the actual manager S Co., Ltd. (hereinafter “S”).

The above service contract is merely a contract entered into based on a letter of understanding that "Irre the native Unemployment and S shall jointly develop the recycling business of unused materials (such as scrap metal, scrap metal, and waste cable) generated by public enterprises and enterprises, which are affiliated companies of the Korean Veterans Association. This letter of understanding is limited to the prior meaning, and where the development of the next business is carried out and will be completed later, the contract shall be prepared for each generation." It is only a content that Q carries out, on behalf of S, the services of purchasing scrap metal, scrap metal, etc. from the non-product discharging companies.

In addition, Q Q is the Ministry of National Defense.

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