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(영문) 창원지방법원 마산지원 2016.06.15 2015고단1074

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2015 Highest 1074] On February 21, 2013, the Defendant: (a) at the victim D’s singing shop operated by the window C of Changwon-si around February 21, 2013, the Defendant did not have an intent or ability to provide employment even if he/she received money in the name of employment solicitation from the injured party because he/she was unaware of the head of the two industry departments; and (b) the Defendant did not have an intention or ability to provide employment to the injured party.

20 million won will be employed as two main workers for the middle and middle industry suspension.

“A false representation was made.”

The defendant deceivings the victim as above and acquired 20 million won through the Agricultural Cooperative Account (Account Number: G) in the name of the defendant's wife in the name of the defendant's wife for employment solicitation on the same day from the victim.

[2016 Highest 178] The Defendant would pay the victim the proceeds of the scrap metal to the victim at the J office operated by the victim I in the Haan-gun, Hanam-gun around October 27, 2014.

“A false statement was made to the effect that it was “.”

However, at the time, the Defendant was not able to pay the scrap metal supplied by another scrap metal company, and there was no intention or ability to pay the scrap metal normally even if the Defendant received the scrap metal from the injured party, because it was thought that the scrap metal supplied by another scrap metal company was paid preferentially as the price for the supply of the goods of another scrap metal company.

As above, the defendant deceivings the victim, and he immediately received from the victim the supply of the amount equivalent to 15,562,00 won at the market price of 50.2 tons in the scrap metal.

Summary of Evidence

[2015 Highest 1074]

1. Statement by the defendant in court;

1. Statement protocol prepared by the police;

1. A report on investigation (Attachment to a detailed statement of transaction);

1. A certificate of deposit without passbook (2016 highest 178);

1. Statement by the defendant in court;

1. Statement made to I prepared by the police;

1. Application of the Acts and subordinate statutes governing measurement certificates attached to an investigation report (Attachment to measurement certificates);

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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