(영문) 대전지방법원 2014.05.15 2014고단468

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(영문) 대전지방법원 2014.05.15 2014고단468

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A defendant shall be punished by imprisonment for six months.

However, 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

Around January 14, 2013, the Defendant made a false statement to the victim’s Fda operated by the victim E in the Vietnam-si of Ma, the Defendant, “I will work as an employee from January 19, 2013 to pay 14 million won in advance, i.e., advance payment.”

However, the defendant did not have the intention or ability to work as an employee for the victim.

Nevertheless, the Defendant received KRW 13.8 million from the victim to his bank account on January 17, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc. [The scope of recommendations] The punishment shall be determined as follows: (a) the fraudulent crime group, general fraud (type 1), the basic area of imprisonment, six months to one year and six months [Pronouncement of sentence] imprisonment; (b) six months to one year and six years of suspended sentence; and (c) two years of suspended sentence; and (d) the community service order shall be added so that the defendant may have time to know about the defendant's negligence through service to other persons.

A favorable circumstances: The facts of crime are recognized and seriously reflected, and the amount of damage is not relatively high: Unagreement and other circumstances that are unfavorable to the extent that the amount of damage is not relatively high: the consideration of the defendant's age, family environment, etc. before and after the suspension of execution of the same kind of occupation in

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