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(영문) 의정부지방법원 2018.11.07 2018고단3629

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 1, 2015, the Defendant entered into a contract for mobile phone sales with the victim D Co., Ltd. located in Gangdong-gu Seoul Metropolitan Government from November 1, 2015 to supply a mobile phone terminal from the victim company to sell and manage it.

The Defendant had transacted with the Defendant at the above D office around November 1, 2015.

E was notified from the team leader G of the above D company to suspend the transaction of mobile phone supply to the above E in order to increase the performance of the mobile phone sales, etc. despite the absence of the intent or ability to pay the mobile phone price, the defendant or E made a false application for supply of the above mobile phone to the above E in order to increase the performance of the mobile phone sales, and the defendant or E received a false application for supply of the mobile phone to the above E in order to receive the above 49,400 won from employees in the name of the victim company, and delivered the mobile phone to the above E in order to receive the above 17,792,50 won from around the above day to January 1, 2016 after receiving 6 mobile phone from employees in the name of the victim company and delivered the mobile phone from the victim company to the above E in return for receiving the above 3 mobile phone property from the above 17,792,500 won as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the prosecution with regard to H;

1. Each police statement made to H and E;

1. Application of Acts and subordinate statutes on computerized input data;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud.