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(영문) 대구지방법원 2018.10.31 2018고단3608
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2010, the Defendant would like to move the victim from “D” entertainment establishments operated by the victim C located in Kugu-gu, Busan Metropolitan City on the part of “D” to “D” main points, as the conditions are not satisfied to work at “E”.

Since the occurrence of “E” has occurred at the main place of “E”, the occurrence of damages against “E” shall be repaid in advance, and “D” shall be an employee.

“False speech was made to the effect that it was “.”

However, even if the Defendant borrowed the above money from the injured party, the Defendant did work at the main point of “D” operated by the injured party, or did not have the intent or ability to repay the money to the injured party.

Nevertheless, the Defendant received cash 55 million won from the injured party on the 15th day of the same month from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the loan certificate;

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 suspended sentence of the Criminal Act prohibits the Defendant from committing the instant crime even though the Defendant had been sentenced to a fine for the same kind of crime. However, considering the fact that the Defendant’s mistake is against himself/herself, there is no record of the punishment in addition to the above fine, and the fact that the Defendant agreed with the victim, the sentence of suspended sentence is to be rendered to the Defendant.

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