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(영문) 대구지방법원 경주지원 2015.07.23 2015고단310

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On October 2012, the Defendant made a false statement to the victim B, “The Defendant would employ 30 million won as a part-time job by using Rovis as a part-time job, because there are many people who want to go to Dags Co., Ltd., a stock company.”

However, in fact, the defendant used the money received from the victim as its own household operating expenses, and did not have the intent or ability to hire the victims as regular employees of the above company.

On December 7, 2012, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of C managed by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The part concerning the statement B and D in the police interrogation protocol against the defendant

1. Statement made to D by the police;

1. Application of a copy of a deposit certificate;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act is that the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the records, such as the circumstances after the instant crime, shall be determined by taking into account the following factors.