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(영문) 대전지방법원 홍성지원 2018.06.19 2018고단328
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around September 2017, the Defendant served as the director of the headquarters of Hyundai Motor Vehicle F in the victim D in the Chungcheongnam-nam Budget Group C in the “E” office at the end of the end of September 2017.

As a result of the recent recall situation, there are many cooperation companies, and new cooperation companies are found.

In order to maintain good relationship in the future, it is said that the victim would select as a secondary partner so that the vehicle parts can be supplied, and that the victim would pay meals on behalf of the defendant in the future or pay cash, which is false as if the victim would select entertainment as a subcontractor of the modern automobile.

However, the defendant did not have any occupation, and there was no intention or ability to select as a collaborative company of modern automobiles even if he received entertainment from the injured party because he did not have any occupation.

The Defendant, from September 30, 2017 to December 3, 2017, received property equivalent to KRW 6,390,000 in total on 36 occasions, as shown in attached Table 1, from that time, from around December 5, 2017, by requiring the victim to settle meal costs of KRW 30,500,00 in a restaurant among “G” located in the Chungcheongnam-nam Budget Group, and by allowing the victim to pay the meal costs of KRW 5,382,90 in total over 36 times, as shown in attached Table 1, and by receiving KRW 700,000 in cash as entertainment expenses around October 2, 2017, such as receiving KRW 70,000 in cash as entertainment expenses from that time to December 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the defendant in D's second written statement in the suspect examination protocol against the defendant;

1. Application of Acts and subordinate statutes of cooperation, such as the details of card use, etc.;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting a crime. Article 347 (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act.

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