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(영문) 광주지방법원 2015.03.11 2014고단4852
사기
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2007, was a person who had been engaged in the sales and collection of drugs of the said company while working as a business employee at the Victim H in Gwangju-gu, Gwangju-gu. From the perspective of delivery of drugs to I, the Defendant sent a detailed statement of transaction that he would supply I with 480 amcs Scis 480 won, as if he were to supply the drugs at the victim's warehouse in Gwangju North-gu, Gwangju-gu, to use the drugs for the treatment of avoidance in which he was suffering from having received the drugs at will, and disposed of the said drugs at will, and around October 1, 2013, supplied I with 40 amcis Scis 480 won as if he were to supply the drugs to the customer. From the time of the above J, the Defendant acquired 480 amcscis 480 won from May 30, 2014 to the market price of the drugs at least 41084,807 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes in which each police statement to K and J is written;

1. Article 347 (1) of the Criminal Act comprehensively including relevant provisions concerning the facts constituting an offense and the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing guidelines / [Determination of types] the general fraud [the amount of 10 million won or more, and less than 500 million won] - In the event that the person committed repeatedly over a considerable period of time due to the aggravation of the sentencing guidelines - [the scope of the recommended sentence] 1 to 4 years [the scope of the recommended sentence] - In the case where there are purposes such as basic cost of living and treatment for the mitigated element, etc., there shall be no history of serious anti-rape criminal punishment.

2. Whether or not to add a stay of execution - The reason for main reference: There is no record of positive criminal punishment - the reason for general reference - Where a person has committed repeatedly over a considerable period of time - the reason for general reference : the detention of the defendant for positive reflective motive is made to his dependants.

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