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(영문) 수원지방법원 2016.06.02 2015고정2724
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employee of the victim C in Bupyeong-gu, Incheon Metropolitan City who is operated by the victim C.

1. On December 17, 2011, when the Defendant was employed as a weekly employee from the above “Del”, the Defendant: (a) controlled a police officer of the Incheon Samsan Police Station on a minor’s mixed accommodation, and (b) informed about the suspension of business and the imposition of a fine; (c) thereby, the Defendant deceiving the victim by deceiving the victim, even though he/she did not have an intent or ability to engage in such business, he/she would settle the case through criminal punishment.

On December 17, 201, the Defendant acquired a total of KRW 3 million from the Defendant’s name bank account and KRW 5 million from the Defendant’s name bank account to the Defendant’s name on December 17, 201 from the victim who believed this to be true.

2. On December 19, 201, the Defendant, at night, embezzled KRW 834,00 from employees E at night, and embezzled without delivering it to the victim.

Summary of Evidence

1. Statement C in the police interrogation protocol concerning the accused;

1. Statement made by the police against C;

1. Investigation report (Submission of evidentiary data by an complainant);

1. Investigation report (Submission of evidentiary data by an complainant- Copy of the place of business);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), and selection of fines, respectively, for the crime;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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