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(영문) 광주지방법원 목포지원 2013.12.05 2013고단1628
사기
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On August 1, 2013, the Defendant was sentenced to five months of imprisonment with prison labor for a violation of the Labor Standards Act, etc. in the Gwangju District Court Branch Branch on August 1, 2013, and sentenced that on August 9, 2013, the Defendant: (a) was operating a limited liability company D, which performs the installation work of electric installations released from the Jeonnam-gun Group C from Jeonnam-gun Group D on May 23, 2012, the Defendant provided that “if the management of the company is difficult, the Defendant would pay KRW 50,000,000 per month from the following month to the victim E (the age of 61).”

However, the defendant, even if he received progress payment from C, was unable to be paid in full. At the time, even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay the money, even if he/she borrowed money from the victim, such as having a debt of KRW 220 million.

As above, the Defendant, by deceiving the victim, received KRW 25 million from the victim to the account under the name of a limited liability company, and received KRW 5 million from the victim, and obtained KRW 30 million in total on two occasions on the 29.5 million of the same month, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the police statement of E;

1. Previous convictions: Application of the investigation report (the fact that they are concurrent crimes in the latter part of Article 37 of the Criminal Act) and the respective Acts and subordinate statutes in which copies of the judgment of the Gwangju District Court are recorded in the 2013 Godan955

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The crime of this case for the reasons of sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes is in the position that the defendant, as a worker of limited liability company D, is difficult to refuse the proposal of the defendant, who is the owner of the private company, and there is a defect in hearing, and the victim in the economically weak situation has acquired 30 million won through Masp loan and credit card loan, and the crime is very serious.

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