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(영문) 수원지방법원 2018.04.10 2017고단6984

사기

Text

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

Reasons

Punishment of the crime

around August 2016, the Defendant was aware of the fact that the Defendant was able to supply alcoholic beverages to a large company and a large company with knowledge of the fact that the Defendant was making efforts to supply alcoholic beverages to the large company and a large company, and was able to deliver alcoholic beverages to the large company, by explaining how to deal with the large company with the victim.

In other words, trust was obtained.

On September 5, 2016, the Defendant stated that “The head of the headquarters in the city of Jeju, who is the head of the headquarters, shall be able to supply alcoholic beverages to the Home Plus, on the side of the Home Plus.” The Defendant stated that “The head of the headquarters in the city of Jeju would be able to supply alcoholic beverages to the Home Plus, and that “The Defendant would request the entertainment expenses to be paid before demanding personnel operations.”

However, the facts are that the defendant was aware of the party in the past, but the defendant was not a person in a position to assist the defendant to deliver liquor to the home plug or the victim was not a person who can help the defendant deliver liquor to the home plug, and the defendant did not have the intention or ability to allow the injured party to deliver liquor to the large marina such as the home plug.

Nevertheless, the Defendant received cash 2 million won as entertainment expenses from the injured party and paid 3 million won by credit card with the above credit card as a sum of 40.9 million won from the injured party as shown in the list of crimes in the attached Form, as well as paying 3 million won with the above credit card on the same day after receiving cash 2 million won as entertainment expenses from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statement in G during the interrogation of the suspect against the prosecution

1. Statement of the police statement related to G;

1. Account transactions, settlement letters of three million won on the pretext of entertainment expenses for self-employed persons on September 6, 2016, and transfer confirmation, and account entry and withdrawal transactions;

1. A report on investigation (the report to confirm the place of using the damaged amount);

1. Application of the Kakao Stockholm dialogue legislation

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;