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(영문) 대구지방법원 포항지원 2017.06.07 2017고단316
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered into a contract with the same industry corporation as the actual representative of the victimized Party B, which is providing services in contact and packaging with the injured Party, and had been providing the above services from December 23, 2014, with the intent to claim an excessive amount of service fees as if the injured Party actually provided the services in a false way to prepare a work log in a false manner.

On February 10, 2015, the Defendant received KRW 43,608,750,00 in total on 23 occasions from the date of December 10, 2016, including that he/she received KRW 731,250 from the injured party on February 10, 2015, by claiming an excessive amount of 195 packing services, as if he/she provided more than the actual services, at the victim company located in 112, South-gu, Mandong-dong, Nam-gu, Mandong-dong, as indicated in the list of crimes, from the time of December 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written confirmation of D facts;

1. A table of contract price and contract price;

1. A list of daily information on adjoining each page and of the amount acquired by fraud;

1. Application of statutes on output of e-mail and account transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that it is not good that the defendant has acquired money for a considerable period of time by deceiting trust in accordance with the continuous contractual relationship with the victim company and claiming service costs in a false and excessive manner, considering the favorable circumstances, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by the order.

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