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(영문) 전주지방법원 2014.05.22 2013고단2384
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who has worked as an internal director of the victim D Co., Ltd., a victim of container cargo transportation business located in the complete Busan-gu Seoul-si from May 201 to December 2012.

On January 2, 2012, the Defendant, at the above victim's office, entered E, an employee, into the victim's computer network on January 2, 2012, to the effect that the Defendant transported the container cargo from the Busan International Container Terminal to the 6th Gunsan, using the F-container's vehicle on January 2, 2012, and that the amount of the cargo paid KRW 220,00.

However, at the time of fact, the defendant thought that he would use the above FF truck, but did not have transported cargo using the above FF truck.

As above, the Defendant, by deceiving the victim as above, received KRW 220,00 through G account, the nominal owner of the said vehicle, from the victim for the same day, and from January 2, 2013, the Defendant received KRW 81,645,00 in total as the price for cargo transport by using five cargo vehicles, including the foregoing cargo vehicle, such as H, I, J, and K, including the foregoing cargo vehicle, from January 2, 2013 to January 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Part of each prosecutor's protocol of interrogation of the accused in the prosecution;

1. Each police statement of L/M;

1. Application of Acts and subordinate statutes to petition for complaint and accompanying documents;

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Although the nature of the crime in light of the circumstances and degree of damage of the instant crime, the Defendant did not have the same criminal history, taking advantage of the position of the representative of D, a victim of sentencing (hereinafter referred to as “contributable circumstances”), which is the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “contributing sentence”), by manipulating the details of the freight transport over several times for a period of about one year, and claiming transport charges by false means, the Defendant did not have

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