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(영문) 서울서부지방법원 2018.08.31 2018고단1871

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2014, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Western District Court on October 10, 2014, and the judgment became final and conclusive on May 1, 2014.

In fact, even if the Defendant received money from the injured party, the Defendant does not have the intent or ability to employ B and C to Hyundai Heavy Industries, but at around 10:00 on June 10, 2008, the Defendant may allow the injured party B to be employed in Hyundai Heavy Industries at the new and French coffee shop located in Mapo-gu Seoul, Mapo-gu, Seoul.

In order to find employment, expenses are required.

‘Falsely speaking, it received four copies of 10 million won check from the injured party and acquired them by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes concerning B and C statements to the defendant during the police interrogation protocol

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is unfavorable that the amount of fraud by deception of the reasons for sentencing under Article 62(1)(c) of the Criminal Code of the suspended sentence is not significant. However, the principle of equity with the case of being sentenced to a single sentence after being tried at the same time as the judgment became final and conclusive is considered, taking into account the fact that the defrauded has repaid the money and has agreed with