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(영문) 서울남부지방법원 2019.01.22 2018고단898
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant was a person who operated a coffee shop, and the fact that the victim C knew that he intended to take over the coffee shop was less than KRW 20 million, and that the monthly sales of the coffee shop was much less than KRW 20 million, and even though it does not have little profit if he excluded monthly rent, personnel expenses, and management expenses from the sales, he attempted to manipulate daily sales in the way of inputting false sales to the POS terminal of the coffee shop from time to time and receive the premium.

On June 14, 2016, the Defendant presented sales-related data, such as sales slips, through E Co., Ltd. (business consulting company) located in Gangnam-gu, Seoul, through F, an employee of the said E, to the husband G of the victim C through the above E, and acquired the monthly sales of the said coffee shop from the victim’s husband G to receive KRW 20 million on the same day, and acquired the money from the victim’s account in the name of J. 27,700,700,700,000 won from the 6 million to the 6 million won per month, even though excluding monthly taxes, personnel expenses, and management expenses, and acquired the money from the victim to the account in the name of J. 2, 2017 (around 27, 200,000,000 won) on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness K, L and C;

1. A table of the current status of monthly sales of coffees;

1. A table showing the current status of daily sales of coffees;

1. A copy of the contract for transfer by a business entity;

1. A copy of each specification of transactions;

1. 각 포스켭쳐 사진

1. A CCTV-cape screen on June 21, 2017;

1. A CCTV-cape screen on June 23, 2017;

1. A list of false sales details;

1. Application of the Acts and subordinate statutes as a result of one regeneration of the mobile storage USB;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Order of community service under Article 62-2 of the Criminal Act;

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