사기
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
Around November 30, 2013, the Defendant stated that “the Defendant will pre-paid the payment of oriental pedal benefits to the victim” in the Dda operated by the victim C in Gui-si B.
However, even if the defendant received a prepaid payment, he did not think that he will use it as a cost of living, and he did not think that he will work as an employee.
The Defendant, by deceiving the victim as such, received KRW 1.2 million from the victim to the account of community credit cooperatives in his/her name on December 2, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on transactions of passbooks;
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the decision of types of punishment): General fraud [the elements for mitigation of punishment of less than 100 million won] (the decision of the recommended area] in cases where punishment is not imposed or damage has been recovered from a considerable part [the scope of the recommendation area] in the area of mitigation [the scope of the recommendation area] in one month or one year [the scope of the recommendation area] in the area of mitigation [the factors for mitigation of punishment] - The major reasons for major writing : In cases of negative previous crimes of the same kind (not more than five years, a stay of execution or a fine not less than three times): In cases where positive damage is considerably small or considerably recovered from a considerable part: In cases where the positive damage is considerably small or damaged, the reason for general participation - The reason for general participation - A person before or after a stay of execution has been sentenced not less than two times: Imprisonment with prison labor in cases where there is positive basic living expenses and other purposes: the defendant has been punished again during the suspension of execution of execution of execution of execution of this case, even though he had been punished for the same kind of execution of execution of this case.
However, the fact that the defendant is against all the facts of the crime, the compensation and agreement of the victim, the amount of damage is not significant, the circumstances of the crime, age, character and behavior, etc.