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(영문) 서울남부지방법원 2013.10.16 2013고단2847
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around May 31, 201, at the D office operated by the victim C in Geumcheon-gu Seoul Metropolitan Government (Seoul) around May 31, 201, stated to the effect that “the Defendant would perform the work of dismantling the F field from Co., Ltd. E in F site, and mobilization of internal figures. On a daily basis, upon deducting 10 percent of the human wage, the Defendant would settle the wage from E at the end of each month, and would request the Defendant to pay the daily wage by reporting the work confirmation document.”

On October 15, 2011, the Defendant: (a) around October 15, 201; (b) prepared a false work confirmation certificate as if the father did not perform the construction work at F; (c) had G deliver it to the victim; (d) received KRW 972,00 on the same day from the victim; and (e) received from that time a total of KRW 21,264,000, as shown in the list of crimes in the attached Table, from that time until December 1, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the preparation of a false work certificate by the defendant, the personal use of the amount of damage, the restoration of 1.8 million won out of the amount of damage (the 26 pages of the investigation record), the fact that the defendant has no criminal record of the same kind);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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