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(영문) 전주지방법원 정읍지원 2017.02.02 2016고단505
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant served as the site manager of the “D” corporation located in the Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, Inc. from August 2015 to June 2016.

On August 19, 2015, the Defendant made a false statement to the effect that “A victim E, who was engaged in the business of leasing construction equipment at the construction site of the above construction site, intends to settle the accident at the construction site of sewage pipes without reporting to the company.” The Defendant borrowed money necessary for dealing with the accident, from September 25, 2015 to September 25, 2015.”

However, in fact, there was no accident where a superior officer was damaged at the construction site, and the defendant had intent to lend money from the damaged person to pay his personal debt, and at the time, the defendant had no intention or ability to pay the money even if he borrowed money from the damaged person following his personal rehabilitation.

The Defendant, from the victim’s name, at the first bank account (SC) in the name of the Defendant, KRW 3.8 million on August 20, 2015; KRW 15 million on August 29, 2015; and the same year.

9.1.1.1 million won, and the same year;

9.9.10 million won in total is remitted to the victim and received goods by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on financial transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The consideration of favorable circumstances, such as the reflection of errors, the first offense, and the agreement with the victim);

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