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(영문) 대구지방법원 2020.06.16 2019고단5500
사기
Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who has operated a camera in the name of “C”.

On February 13, 2019, at around 19:00, the Defendant transferred the above car page to the victim B, “The monthly profit was KRW 15 million, and the sales of the last month was KRW 17 million, and the amount of KRW 1 million is subject to a subscription order. Fixed expenditure is KRW 12 million per month and the amount of KRW 1.2 million per month is well known, and even if funeral services are well known, it remains at KRW 10.2 million per month.” The Defendant believed that the sales data entered in the electronic data sales system POS (hereinafter referred to as “SOS”) are well-grounded and believed to be a good business operation.

However, from October 2018, the fact was that from around 2018, the sales of the above car page was reduced and the sales amount of KRW 10,000,000 per month was not exceeded, but the business was operated as if it was well-being, and as if there was a cash sales amounting to KRW 10 to 200,000 per day from August 2018, the sales were falsely entered in the scoping machine and operated.

As above, the defendant deceivings the victim as above, and is in the same year from the victim to the new bank account (D) under the name of the defendant as premium, and from February 15, 2019 to the 6.4 million won around February 15, 2019.

2.28.28.28.28.00,000 won, for the same year.

3.12.Around 12.3 million won, for the same year.

3. Around 15.15.Around 15.2 million won, a total of 64 million won, shall be remitted and shall be defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The suspect interrogation protocol of some police officers against the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the criminal suspect such as details remitted by the complainant to the suspect, investigation report (Submission of a factual verification of employee E), investigation report (including public charges, etc. unpaid by the suspect at the time of the operation of coffee shop), investigation report (cindation with the customer F of the suspect), investigation report (information on value-added tax reported which the suspect shown to the complainant), investigation report (C employee E) and investigation report (C employee E

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act shall be comprehensively applicable to the crime;

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