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(영문) 부산지방법원 2017.07.17 2017고단3213
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On April 17, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court, and two years and six months of imprisonment, etc., and the judgment became final and conclusive on August 13, 2014, and completed the execution of the sentence at Busan Correctional Institution on July 15, 2016.

[Criminal facts] From October 2016, the Defendant worked as a business employee at the Busan branch office of AU, a corporation established for the purpose of selling food disposal equipment in Busan-gu ATtel 1306.

When the Defendant entered into a contract for food treatment equipment, the Defendant would be able to receive KRW 180,00 or KRW 150,000 for each case from the injured party. The Defendant, despite the fact that he was the subject of the de facto siren contract and was in the absence of any special revenue or property at the time, entered into a normal contract for food treatment equipment for his family members or siblings, and was willing to receive the sales allowance by pretending that the charges would be normally paid.

Therefore, the Defendant, at the office of the above Busan branch office around November 2016, prepared a food treatment siren contract in the name of the Defendant as if he could pay the fees by entering into a normal siren contract, and submitted it to the victim company. On November 7, 2016, the Defendant got delivery of KRW 1.40,000 to the victim as a sales allowance.

In addition, the Defendant, from that time until November 21, 2016, by deceiving the victim on three occasions, such as the list of crimes in the annexed crime list, and then by deceiving the victim, obtained a total of KRW 4.20,000 from the damaged person to receive a total of KRW 4.20,00 from the damaged person as a sales allowance, and acquired the above allowances by the defrauded through fraud only once, but did not commit an attempted crime.

Summary of Evidence

1.

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