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(영문) 의정부지방법원 고양지원 2019.07.26 2018고단3173
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant is an in-house director of “stock company B” (hereinafter “instant company”) that is a land supply company located in Pyeongtaek-si.

On August 10, 2017, the Defendant: (a) at the “E Franchise Office” office of the victim D’s Da in Osan-si; (b) from 2009 to 200; (c) from 2017, the instant company did not provide the Gun with the Gun system; and (d) it was difficult to operate the instant company due to the failure to pay the Gun system; and (b) there was a concern for using the Gun system by receiving money from the victim to pay the transaction partner price of the instant company or the corporate card payment; and (c) the victim did not have the intent or ability to deliver the Gun with the Gun system; (d) the victim supplied the Gun system to the military unit with the Gun system without the intention or ability to cause the Gun to deliver the Gun system; (d) the part of the profits did not deposit the Gun card to the military account; and (e) the Defendant received 000 won to deposit the Gun account with the Gun account, 200005 won or more; and (e.g., 20007., 1070.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on bankbooks;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the range of recommendations [type 1] and the amount below KRW 100 million [special persons] shall be mitigated: where victims are fully responsible for the occurrence of a crime or the expansion of damage (the area of recommendations and recommendations) and the area of mitigation [the scope of recommendations and recommendations], one month to one year.

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