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(영문) 의정부지방법원 2014.04.28 2013고단4535
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From October 11, 2010 to October 15, 2012, the Defendant operated the 15 million foot 30,000 foot 20,000 foot 15,000 foot 20,000 foot 30,000 foot 20,000 foot 30,000 won against the victim E, etc., who are employees of the same company, within the company located in Yangju-si Co., Ltd., Ltd., which was located in Yangju-si.

From October 11, 2010 to October 11, 2012, the Defendant was given KRW 238,500,000 from the victims as shown in the list of crimes in the separate sheet of crime, as follows: (a) as if the Defendant did not notify the above points to the victim E and would normally pay the same amount; and (b) as if the Defendant were to receive KRW 12,50,000 per month from E for 25 months, the Defendant received KRW 238,50,000 from the victims as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The second interrogation protocol of the accused at the prosecution; the third interrogation protocol of the accused at the prosecution (including each statement in question, F and G);

1. Each police protocol on E, G, F, H, I, J, K, L, M, N, P, Q, R, S, and T;

1. Investigation report (report on the contents of the victim S and H currency);

1. A detailed statement of each amount of gold paid (35-41 pages, 45-47, 52-56 pages, 59-61 pages, 76, 106-107, 145-146 pages, 176-17, 176-17, 200 pages, 218-219, 227-228 pages, 233, 239-24, 249-249 pages, 257 pages), a detailed statement of account transactions (Investigation Records) (48-49 pages), each detailed statement of transactions (Investigation Records, 62-73 pages, 147-17-17, 106-24, 2529-24, 2305-24, 2536-21-24, 2529-36-4, 306-25 of the Act and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act (including fraud and each victim), and the choice of imprisonment with prison labor, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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