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(영문) 울산지방법원 2013.05.23 2012고단2999
사기
Text

A defendant shall be punished by imprisonment for six 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 September 2009, the Defendant made a false statement to the victim E, who worked together as an employee at the Busan Southern-gu D cafeteria, that “F” was working in the male elementary school Dong, and that the person works in the department of modern vehicle personnel management. The Defendant was employed in the modern vehicle with Chodo 30 million, and was employed in the modern vehicle.”

However, the fact was that F was not a modern automobile employee, and even if the defendant did not have been employed with money, he did not have the intent or ability to have the children employed by the victim even if he did not receive money.

As such, the Defendant, by deceiving the victim, received money from the victim to the Agricultural Cooperative (G) account in the name of F, KRW 6 million on September 21, 2009, KRW 7 million on March 19, 2010, KRW 7 million on August 8, 201, and KRW 30 million on June 12, 201, and acquired money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on deposits without passbook;

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

1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62 of the Criminal Act) (Article 62(1) of the same Act (Article 62(1) of the same Act) provides that the Defendant paid KRW 2 million to the victim on August 31, 2012, and deposit KRW 10 million for the victim on May 20, 2013 (Article 62(1) of the same Act (see, e.g., an

1. The above facts constituting the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act are crimes falling under the category No. 1 of general fraud according to sentencing guidelines, and does not seem to have any specific aggravated or mitigated elements. As such, the punishment as ordered shall be determined within the scope of sentence of basic area by taking into account all the circumstances indicated in the trial and

On the other hand, the reasons for suspending the execution of punishment are as seen earlier.

The major pride in the suspension of execution on the sentencing criteria.

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