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(영문) 광주지방법원 2016.02.19 2015고단4140

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On December 2, 2012, the defendant is well aware of the victim E's executive officers and the chairman of the Labor Relations Commission in the D Office of the defendant's operation in Gwangju North-gu, Gwangju-gu.

90 million won was referred to as "one million won, i.e., a group of 40 million won, to be employed in the Gwangju metropolitan factory, i.e., a group of 1 million won."

However, in fact, the Defendant did not know the executive officers or the labor union chairperson of the Gwangju metropolitan factory, and had the intent to receive money from the injured party to use it as operating expenses of the company it operated. Therefore, even if the injured party received money from the injured party, the Defendant did not have the intent or ability to employ the injured party's children.

However, Defendant 1 made a false statement to the victim as above and received 40 million won from the injured party on the day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the police of the accused and the interrogation of the suspect by the prosecution;

1. Statement made by the police for E;

1. F's self-written statement;

1. Application of statutes on a copy of the judgment, a copy of a loan, and details of financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal defendant has led to his/her confession and has repented his/her wrong facts, the total amount of 30 million won has been paid and only agreed with the victim, and the fact that the criminal defendant has no criminal record of the same kind);

1. It is so decided as per Disposition within the scope of one month from one year to one year (the mitigated area of general fraud among fraudulent offenses) from among the punishment guidelines on the grounds of not less than two Article 62-2 of the Criminal Code of the Social Service Order.