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(영문) 창원지방법원 2016.09.23 2016고단2145
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, from November 201 to February 2015, was engaged in the business of purchasing and delivering food materials for the victim's agricultural products, as the head of the agricultural products team at the victim corporation D located in Busan metropolitan area, which was located in Busan metropolitan area.

On July 2, 2014, the Defendant prepared a written resolution of expenditure to purchase 7,750,000 g and 250 ggs (average unit price of 1,50 g, 31,000 g) at the victim’s office around July 2, 2014, and submitted to the victim’s representative director E’s purchase approval by submitting it to the payment office.

However, the Defendant had no intent to purchase apology from E, such as the statement in the expenditure resolution from the beginning, and the Defendant was a false customer to receive death and sales proceeds from the damaged party.

As such, the Defendant, by deceiving the victim, received KRW 7,750,00 from the victim to the E account under the name of the E as the price for the goods on July 3, 2014, and acquired the total of KRW 93,660,000 from that time to February 11, 2015, as shown in the list of crimes in attached Form 10.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the details of transactions, accusation, written resolution on expenditure, and details of transfer;

1. The reason for sentencing (in comprehensive view of the relevant legal provisions and Article 347(1) of the Criminal Act regarding criminal facts and Article 347(1) of the Criminal Act regarding the choice of punishment [the grounds for sentencing] and the amount of damage not much and most of the amount of damage was not restored [the favorable circumstances] [the defendant has been sentenced to a fine of this kind only once

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