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(영문) 수원지방법원 2020.04.02 2019고단5623
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Text

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

However, 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 works as an agent for a business division of A Co., Ltd. (former Co., Ltd.), which is a motor vehicle transport business entity from May 2009 to November 2018, and is in charge of the business of soliciting land borrowers.

On December 12, 2014, the Defendant, at the Gangwon-si Branch of the above company located in D, the victim E, while the fact that the Defendant deposited in the company for the registration of a vehicle is KRW 8.8 million, the Defendant, despite having received a business license plate from the company and received the cargo transport business from the company, shall deposit KRW 17.9 million in order to operate the cargo transport business with the seat-on vehicle.” The Defendant received KRW 17.9 million from the victim to the Defendant’s account on April 12, 2018, and acquired KRW 35,100,000,000 from the victim six times in the same manner from the date to April 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, I, and J;

1. An investigation report (verification of relative facts of K), an investigation report (related to submission of evidence - accompanied business referrals, etc. - accompanied business referrals, etc.), an investigation report (in the case of a complainant's statement), an investigation report (in the case of a team leader of a Co., Ltd.'s statement), and an investigation report (in the case of submission of data related to the amount

1. Details of account transfer and slips (E actual registration fees);

1. Application of Acts and subordinate statutes to the accusation statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement statement

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the same.

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