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(영문) 창원지방법원 통영지원 2018.01.31 2017고단1499
사기
Text

A defendant shall be punished by imprisonment for four 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 July 7, 2016, the Defendant was sentenced to one year of imprisonment for fraud in the Changwon District Court’s territorial branch, and the judgment became final and conclusive on the 16th of the same month.

The Defendant, at the office of the “D” plant (e.g., the removal of softs) plant operated by the Victim C located in Tong Young-si, would pay the Defendant a gold to the Defendant from October 2015 to May 2016, 2016, with the Defendant’s payment of the gold, to the Defendant’s payment of the gold.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant merely intended to receive the advance payment from the injured party from the beginning and to repay the existing debt, and even if he received the advance payment from the injured party, he did not have the intention or ability to work as a new frighter in the factory of the injured party.

Nevertheless, on June 9, 2015, the Defendant received 4 million won from the injured party to the account in the name of the Defendant under the name of the Defendant’s name as the advance payment, and received the same year.

7.1. Around 2 million won was additionally remitted.

Accordingly, the defendant deceivings the victim and defrauds 6 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of the contract on new work contract and deposit receipt;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of latest criminal records and judgments of the suspect) by statutes;

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 Act, including the punishment of imprisonment, due to the crime of fraud under the same law, has a record of having been punished several times, planned and actively deceiving, and the damage has not yet been restored to the present day. However, the fact that a judgment should be taken into account when a judgment is rendered at the same time as the judgment became final and conclusive, and the defendant's age, sexual behavior, environment, motive and background of the crime, and after the crime.

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