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(영문) 전주지방법원 군산지원 2018.09.19 2017고단1608
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2017, the Defendant was sentenced to imprisonment with prison labor for six months for fraud in the Jeonju District Court's Militarysan Branch, and the judgment became final and conclusive on December 9, 2017.

On June 10, 2014, the Defendant became aware of the fact that the victim was aware of the fact that he was working with the victim during the day-to-day dialogue between the victim and the victim in the windowp of the operation of the victim D, located in the North-to-day B, North-to-day.

the employment of the children in E.

“Falsely speaking,” and on June 19, 2014, the victim may again be allowed to find employment of the children in E, with the conditions attached thereto.

An annual salary is KRW 35 million, and can be employed in the amount of KRW 35 million equivalent to the annual salary for one year. However, as the situation of the party is difficult, I will reduce the amount of KRW 27 million.

“False speech” was made.

However, in fact, the defendant did not have the intent or ability to get the victims to work in E, and all the money received from the victims were considered to have been used to pay the individual debt.

Nevertheless, on June 19, 2014, the Defendant: (a) by deceiving the victim; and (b) around November 5, 2014, delivered KRW 20 million to the Defendant’s account in the Defendant’s name; and (c) KRW 7 million to the same account around November 5, 2014.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. A complaint, a certificate of borrowing, and a detailed statement of each deposit transaction;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (verification of latter concurrent crimes by a suspect) - Application of this Act and subordinate statutes output of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is the defendant's mistake.

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