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(영문) 의정부지방법원 고양지원 2015.10.02 2015고단777
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 16, 2013, around 16:00, the Defendant made a false statement to the victim C, stating, “The head of the purchasing department in charge of the area south before the construction of the SK is the head of the purchase department, and at the end of each year, he/she registered as the SK Construction Cooperative at the SK Construction Cooperative at the end of each year.”

However, in fact, the defendant is not the head of SK Construction, but the temporary staff in charge of examining the quantity supplied to SK Construction simply, and there was no intention or ability to register as SK Construction Cooperative even if he receives money from the victim.

Nevertheless, on August 13, 2013, the Defendant, by deceiving the victim and deceiving it from the victim, transferred KRW 10 million to the foreign exchange bank account under the name of the Defendant and KRW 10 million to the same account on October 28, 2013, and acquired KRW 20 million in total on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to the details of transactions and commitments of each entry;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order has not been restored to the present time, and the defendant showed an attitude against the defendant when recognizing the crime of this case, and there is no specific penalty power against the defendant.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.

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