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Reasons
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(영문) 대전지방법원 천안지원 2017.08.24 2016고단2349
사기
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A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be deferred for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 17:00 on May 19, 2016, operated by the Victim C, at around 17:0, the victim “D multilateral” operated by the victim C, and “in order to work, the victim was at the place prior to the need of clothes.”

The country has to pay the money so that it can find out that it has to pay the money. It is intended to pay the money to the employee by June 19, 2016.

The phrase “ makes a false statement.”

However, the defendant did not have an intention or ability to work as an employee even if he/she received the employment advance payment from the injured party.

The defendant deceivings the victim as above and acquired 850,000 won from the damaged person to the new cooperation account in the name of the defendant under the name of the defendant for the purpose of advance payment.

Summary of Evidence

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

1. Statement protocol (C);

1. Details of loan certificates and account transactions;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of text pictures);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the criminal facts;

1. The reason for sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended punishment] In the mitigated area (one month to one year) of Class 1 (the amount below KRW 100 million) [the person who has been specially mitigated] or in the case where considerable damage was restored [the decision of sentence] details of the instant crime, methods of fraud, the amount of fraud, the amount of fraud, the Defendant appears to have repaid the total amount of damage to the victim, and the records of criminal punishment by the Defendant.

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