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(영문) 광주지방법원 2016.09.09 2016고단2579
사기
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 30, 2012, the Defendant made a false statement to the victim E (V, 48 years old) who is the business owner of the above multi-face, who did not intend to work as an employee in the above multi-face, that the Defendant would work as an employee in the multi-face 2,300,000 won of the pre-face c.

As such, the Defendant, by deceiving the victim, was transferred to the post office account (F) in the name of the Defendant on the 31st day of the same month from the victim, under the pretext of advance payment.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

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 Criminal Act provides that the method of punishment for sentencing is inadequate, and the defendant has a criminal record of the same kind in 12 times.

However, both previous convictions of fines and the victim revoked the complaint against the defendant.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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