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(영문) 광주지방법원 목포지원 2015.01.19 2014고단1394
사기등
Text

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 became final and conclusive.

(e).

Reasons

Punishment of the crime

On January 13, 2014, the Defendant concluded that “If the Defendant borrowed KRW 40 million from the name of advance payment to the victim, the Defendant would pay the victim KRW 1 million from the monthly salary to the date of full payment of all the money from D from January 20, 2014.”

However, even if the defendant receives a prepaid payment from the victim, the defendant did not have the intention or ability to pay the prepaid payment by receiving a monthly wage.

On January 13, 2014, the Defendant, by deceiving the victim as above, received from the victim, a transfer of KRW 20 million to the post office account under the name of the Defendant E, and 20 million to the same account on January 17, 2014, respectively, and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police against C (Evidence No. 22 pages of the evidence record);

1. - Copies of passbooks, - Application of employment contract laws and regulations

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

2. Determination of the scope of sentence: Reduction area, from one year to one year (a person who is subject to special mitigation shall not be subject to punishment);

3. The sentencing criteria shall be set within the scope of the sentencing criteria and the execution thereof shall be suspended, taking into consideration the fact that the accused acknowledges and reflects his/her mistake, the fact that the accused has agreed with the victim, the fact that there is no history of criminal punishment exceeding the fine, the age, character and conduct, family relationship, etc. of the accused;

Public Prosecution Rejection Parts

1. On March 7, 2014, the Defendant: (a) around 12:20 on March 7, 2014, at the D office located in Sinpo City B, the Defendant: (b) expressed the victim C a large voice of “Ig, top, tophere, tophere, tophere, tophere, and tophere the victim.”

2. We examine the judgment. This part.

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