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(영문) 광주지방법원 순천지원 2017.06.28 2016고단1439 (1)
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

C was a person who sells a mobile phone with the trade name of "E" in S, and F was an employee of the above E, and the defendant Eul was a customer who visited the above E, and C and F had the customer, such as the defendant, enter into a siren with the victim corporation and electronic equipment in its name, and conspired C and F to have the customer, such as the defendant, etc., from among the profits accrued after selling the siren products delivered by the injured party to the company, the volume of 10 to 15% plus the volume of 10 to 15% among the profits accrued from the sale of the siren products delivered by the injured party.

1. On February 28, 2015, the Defendant, C, and F concluded a siren agreement with the Defendant on the condition that the victim and the Defendant would escape from 65-month TVs at the market price of KRW 2,043,00,000 in the name of the Defendant, even though they did not intend to pay the rental fees each month to the victim under the above E, and that the Defendant and C, and C, and F were delivered the said TV under the Defendant’s name on the condition that the Defendant would depart from 36-months at the market price of KRW 56,750 per month.

2. On June 1, 2015, the Defendant, C, and F concluded a siren agreement with the victim to leave one of the LG Gulart North Korea in an amount equivalent to KRW 2,070,720 in the market price in the name of the Defendant, even though the victim did not have an intention to pay the rental fees each month in the above E around June 1, 2015, on the condition that the victim and the Defendant would escape from one of the LGulart North Korea in the market price for 36 months, and that they would pay the rental fees of KRW 57,520 per month, and received the said Nom. 907 Dong 513 around that time.

Accordingly, the defendant, C, and F were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Each legal statement of the defendant, C, and F;

1. Written complaint (No. 13 No. Serial of Evidence List);

1. Application of each content certification, Tren service contract (A), and payment record of rental fee (Evidence No. 17 No. 5) statute

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order.

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