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(영문) 광주지방법원 순천지원 2016.05.18 2016고단494
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On July 18, 2015, the Defendant, at the Manpower Office of the Victim E, Co., Ltd., Ltd. located in Mineyang-si around July 18, 2015, ordered F, the director of the Human Resources Office, to take charge of the work at G construction site, H construction site, and I painting construction work at the G construction site.

In the construction site, daily allowances should be paid to the members of the people who will work at the construction site, and in the case of lending money in E, the payment of daily allowances shall be made to the members of the people who will, and the payment shall be made by adding up 10% fees to the last day of each month.

However, at the time of fact, the Defendant did not have ordered the construction of the G Corporation’s painting, and there was no intention or ability to repay even if he borrowed money from the victim without any particular property to the amount equivalent to KRW 50 million.

On July 19, 2015, the Defendant deceiving F and received KRW 486,00,00 from F to the NA account (Account Number: L) in the name of the Defendant’s mother on July 19, 2015, a total of KRW 81,445,700 from October 10, 2015, including the transfer of KRW 486,00,00 from the Defendant’s agricultural bank account in the name of the Defendant’s mother.

Accordingly, the Defendant, by deceiving the victim, acquired a total of 81,445,70 won from the victim.

Summary of Evidence

The defendant's legal statement of F,O, M, and N, details of each police's statement, tax account statement, and account-free deposit account increase law, Article 347(1) of the Criminal Code of the relevant law as to the criminal facts subject to the application of the law applicable to deposits without passbook deposit, and the reason for sentencing of imprisonment [the scope of recommended punishment] is the basic area (6 months to 100 million won) (one year and six months) of the basic area (the decision of sentence] of the defendant's legal statement of F,O, M, and N. (the decision of sentence).

However, the Defendant committed the instant fraud even though he was already punished several times as a crime of fraud (a punishment by imprisonment and fine), and the instant fraud is not a mere fraud but a false fact related to construction contract.

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