beta
Text
A defendant shall be punished by imprisonment for four 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
1. Fraud;
A. On September 27, 2015, the Defendant stated that “When the Defendant was working as an employee at “E cafeteria” for the victim’s D Operation D in Bupyeong-gu Seoul Special Metropolitan City, Seocheon-gu, Seoul Special Metropolitan City, the Defendant would immediately complete payment if he/she lent KRW 4 million to the police station because he/she caused the problem of son, and the agreement was urgently needed.”
However, at the time of fact, there was no need for the agreement of the children, and the defendant was thought to use the money received from the victims for personal purposes, such as living expenses, and there was no intention or ability to pay the above money.
The defendant deceivings the victim as above and obtained 4 million won from the victim to receive 4 million won on the same day.
B. On October 25, 2015, the Defendant stated that “Around October 25, 2015, the Defendant would have to pay the victim the amount of money to the victim at the above place, with the loan of KRW 2 million, then the following month.”
However, at the time of fact, it was not necessary to pay the money, and the defendant thought that he would use the money received from the victim for personal purposes, such as living expenses, and there was no intention or ability to pay the money.
The defendant deceivings the victim as above and obtained 200,000 won from the victim to receive 2 million won on the same day.
2. On October 27, 2015, the Defendant: (a) cut off the cash amount of KRW 1.8 million owned by the victim, which was located in a cre in the above-mentioned place, first left by his employees; and (b) cut off the said cash amount to KRW 1.8 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the public prosecutor with F, and statement made by the police with D;
1. Receipts, etc. (List 4, 11, 15);
1. Application of Acts and subordinate statutes of photograph (List 5);
1. Relevant provisions of Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and Article 347 of the Criminal Act, and the choice of imprisonment with labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act 1.