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(영문) 광주지방법원 순천지원 2016.02.11 2015고단1405

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 October 17, 2013, the Defendant made a false statement to the victim D that “When the construction of a studio and a commercial building is in progress, the studio and the commercial building is leased to the construction site, the Defendant would pay rent without molding by the end of the following month.”

However, at the time, the defendant had no intention or ability to pay the above equipment rent even if he leases the equipment from the injured party, as a bad credit, has deteriorated economic circumstances to the extent that he could not pay the wages of the company's employees.

As such, the Defendant: (a) did not pay an amount equivalent to KRW 30,305,00,000 of the rent even though he/she had taken over 60 times from the victim from the above time to June 24, 2014, by deceiving the victim; and (b) did not pay the amount of 30,305,000 of the rent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. A detailed statement of banking transactions;

1. Investigation report (only on the portion of wrong calculation of entry and withdrawal), and the application of a copy of summary order in violation of the Labor Standards Act;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the protection and observation of protection [the scope of recommendation] under Article 62-2 of the Social Service Order Act [the scope of recommendation] There is no person (the person subject to special sentencing from June to June) in the basic area (the person subject to special sentencing from June to June) [the decision of sentence] [the decision of sentence] under the conditions favorable to the two-year grace period for six months: there is no recent history; there is no previous history; there is no criminal act due to the aggravation of business; there is no negligence caused by the aggravation of business; there is a change; there is no change and there is no change;