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(영문) 창원지방법원 마산지원 2016.08.09 2016고단571
사기
Text

A defendant shall be punished by imprisonment for six 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

[criminal records] On August 18, 201, the Defendant was sentenced to imprisonment with prison labor for six months at the Changwon District Court for a violation of the Labor Standards Act, and the sentence was finalized on August 26, 2011.

[2] On February 5, 2008, the Defendant made a false statement to the effect that the Defendant would pay the principal and interest without any mold to the victim B, who had been working as the director of the company operated by the Defendant at the central branch of the Dong-dong branch of the Dong-dong branch of the Dong-dong.

However, the Defendant did not have any intent or ability to pay money even if he borrowed money from the injured party because the Defendant had no certain income or property at the time and the company was expected to be in default.

The defendant deceivings the victim as above and received 20 million won as the loan from the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Certificates of cash custody and certificates of debts;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to criminal suspect's labor standard law decisions);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the crime of this case is against the crime of this case, and the principle of equity, etc. when the judgment was rendered simultaneously with the crime of violation of the Labor Standards Act which became final and conclusive);

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