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(영문) 광주지방법원 순천지원 2016.06.09 2015고단2530
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who works as a head of a house in the "D" house at the time of leisure.

On February 10, 2010, the Defendant made a false statement to the victim E, “GS C, who is well aware of the fact,” and upon request from the victim, 50,000 won for entry of the children.”

However, even if the defendant receives money from the injured party for the purpose of employment solicitation, he did not have any intent or ability to return the money to the injured party if he did not actually work.

On February 15, 2010, the Defendant, by deceiving the victim as above, received 50,000,000 won from the victim to the Gwangju Bank account in the name of the Defendant on February 15, 2010, from the victim, and acquired it through deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Certificates and notes on the custody of cash;

1. Application of Acts and subordinate statutes to a copy of deposits without passbook;

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 on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Social Service Order Act and the method of deception and the amount of fraud are disadvantageous to the defendant.

However, in consideration of the fact that the defendant continuously pays damages to the victim, the victim does not want the punishment of the defendant, the health status of the defendant, etc., the punishment is determined as per the order.

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