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(영문) 부산지방법원 2016.08.17 2016고단3209
사기
Text

A defendant shall be punished by imprisonment for six 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, from March 2015 to October 2015, was a person who worked as an employee of the victim C’s frighter in the D Mart’s operation of the victim C located in Busan Young-gu, Busan, and E is the president of the above frighter.

Although Defendant 1 did not sell actually refined meat, if Defendant 1 forcedly approved the sale of refined meat goods in the said Macow as if it were sold, she knew that the victim erred as the actual sales and paid sales to E, thereby having the intention to cause false sales for E.

Around May 2015, the Defendant, as if he sold the Maart, even though he did not actually sell the refined goods by the above method, forced approval to the Kabter, and had the victim pay KRW 1,033,760 of the Mabner’s false sales amount to the account of the National Bank (F) in the name of the Republic of Korea (F) on May 2015, and had the victim pay KRW 1,03,760 of the Mabner’s false sales amount from around that time to October 2015, and acquired it by deceptioning the Defendant to pay KRW 12,504,310 in total, as described in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. The details of the current status of sales by credit cards, details of credit card transactions, receipts, total sales of commission, and account transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (change of the amount of damage inflicted upon the complainants submitted), investigation report (Attachment of Materials E by a suspect);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Articles 347 (2) and 347 (1) of the Criminal Act concerning the selection of punishment (a comprehensive selection of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a criminal defendant's deception by allowing the victim to pay 12,50,000 won to E as above, and the crime is not subject to recovery of damage.

However, the defendant.

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