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(영문) 대전지방법원 공주지원 2016.05.27 2015고단534 (1)
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant was the representative director of Victim F Co., Ltd.

G as the head of the victim's department, and was in charge of the management of funeral business, counseling, salt, etc.

On December 22, 2008, the Defendant paid 10% of the price of the supply of funeral supplies to the victim with H representative I who supplies funeral supplies, received them, and sentenced him to personal use. Accordingly, from the same date to February 9, 2010, the Defendant paid 2,427,898 won to I as the price of the supply of funeral supplies for six occasions from the same date, and then returned it through the Agricultural Cooperative Account (J) in the name of the Defendant’s name, and embezzled the victim’s funds for his/her business purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of statutes on the details of transaction in AFC;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, with the reason of sentencing of Article 334(1) of the Criminal Procedure Act, does not have the same criminal records, confessions and reflects in depth, thereby choosing a fine.

In this context, the defendant's age, sex, circumstances of the crime, and circumstances after the crime are considered, and the punishment is determined as ordered.

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