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(영문) 부산지방법원 동부지원 2017.05.25 2017고단509
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

On July 16, 2015, the Defendant is the director of the charge of the sales store directly operated by the Defendant to D, who is an employee of the victim C&A in the Nam-gu Busan Metropolitan City around July 16, 2015.

B. If 40,700,000 won is paid to B, the phrase “I will deliver the name “B32S-5” manufactured by two industrial vehicles within one month,” and the Defendant’s office address and office address as “the direct sales and office store for two mountain vehicles,” and the Defendant’s office address and office address as “office site,” and issued a quotation prepared in the name of “A head of two industrial vehicles (the State) representative E. of the two industrial vehicles.”

However, (State) Two Industrial Vehicles are allowed to sell only the company registered with Durging in the above company. The Defendant was not an employee belonging to the two Industrial Vehicles (State) and was not an employee belonging to the company registered with Durgr who was eligible to sell the vehicles manufactured by the two Industrial Vehicles (State). Since it was not directly operated by the above company, the Defendant did not have the ability to purchase the vehicles manufactured by the two Industrial Vehicles (State) for the victim, and there was no intention to purchase the said vehicles because it was planned to use the money received from the injured party as their daily living expenses, etc.

Defendant: (a) by deceiving the victim as above and remitting KRW 18,285,00 to his own account around July 21, 2015; and (b) received KRW 18,285,000 in total from the next day to the same account; and (c) received KRW 36,570,000 from the said account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the written complaint, a copy of a quotation, a copy of a document, a copy of e-mail, and a copy of remittance;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act provides that the following sentencing is more favorable.

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