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(영문) 수원지방법원 성남지원 2016.08.17 2016고단1382
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From March 14, 2012, the Defendant: (a) from March 14, 2012, he was a person working as a cook at a cafeteria restaurant of the victim (ju), Dumballum group in Namyang-si; and (b) received food materials from E EM and F Mart, the Defendant was willing to receive the difference by claiming the payment of the above food materials from the victim.

On December 6, 2013, the Defendant presented a false statement to the effect that “The national bank account in the name of H managed by the Defendant to G, the head of the said axis group, was purchased with food materials equivalent to KRW 5,281,810, and thus, transferred food materials to the said national bank account.”

However, even though the Defendant purchased food materials equivalent to KRW 4,420,400 from E E, the Defendant claimed KRW 5,281,810 for the victim, and transferred only KRW 4,420,400 to E, after receiving the said money.

As above, the Defendant, as well as 861,410 won, by deceiving the victim and deceiving the victim from the victim, acquired the difference of the price of food materials from that time to November 6, 2015, and acquired the total of KRW 17,60,430 through 21 times, such as the statement in the list of crimes in the attached crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes on account transactions by a complainant, the details of account transactions by a suspect A, the details of account transactions by a suspect G, and the details of account transactions by a suspect I;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment] General Fraud / There is no basic area (6 months to one year and six months) [the person who is subject to special sentencing] [the sentence] fraud is unable to fully repay the money, and the fact that the money was not received from the injured party is not paid, the crime is committed at a disadvantage.

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