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Reasons
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(영문) 서울남부지방법원 2013.06.13 2012고단4624 (1)
사기
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A defendant shall be punished by imprisonment with prison labor for up to 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

On June 26, 2008, the Defendant was scheduled to immediately remove the fiber Plant E located in D, “the victim in the office,” which is operated by the victim B in Guro-gu Seoul, Guro-gu, Seoul. This factory is scheduled to take place in the horizontal tons of the scrap metal and the scrap metal. As such, the Defendant made a false statement to the effect that the Defendant would take place the scrap metal and the scrap metal on the basis of advance payment.

However, at the time, the above textile plant was not scheduled to be removed, and the defendant had already been aware that it was false, so even if he received advance payment from the victim, he did not have the intention or ability to reduce scrap metal or non-refus.

Nevertheless, the Defendant, as above, by deceiving the victim, and then deceiving the victim from the victim, 15 million won around June 26, 2008, and 3 million won around March 26, 2009 to the Agricultural Cooperative Account (Account Number F) in the name of the Defendant over two occasions. The Defendant acquired 18 million won in total from the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Entry of the accused and the B in each protocol of examination of the accused by the prosecution against the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act), that the defendant has made efforts to recover damage, such as making a confession of the crime and misunderstanding, that there is no previous charge to the defendant

1. It shall be decided as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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