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(영문) 광주지방법원 순천지원 2016.06.08 2015고단2534

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On September 13, 2012, the Defendant made a false statement to the victim B, who is the leading owner, for the following reasons: “The Defendant subscribed to the 13-day successful bid bid for the 13-day period, which shall be faithfully paid monthly payment, so that the Defendant may receive the payment of the time limit.”

However, due to excessive debts and other monthly payments, there was no ability to pay monthly payments even if the time limit is received.

Nevertheless, on October 13, 2012, the Defendant received 25 million won as the time limit money from the injured party and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. A trading statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Type Decision] The basic area of sentencing [decision on the recommended area] Type 1 (less than KRW 100 million] [decision on the recommended area] / [the scope of punishment] six months to one year and six months / [decision on the sentence] the Defendant was unable to reach an agreement with the victim until now, etc. However, the Defendant’s confession and reflects the instant crime; the Defendant deposited the amount of KRW 10 million out of the amount of damage 25 million; the Defendant deposited the amount of KRW 25 million; the fact that there was no record of punishment more than the suspension of execution; the Defendant deposited the amount of KRW 10 million out of the amount of damage; and other favorable circumstances, including the Defendant’s age, sexual behavior, and circumstances after the crime, etc.