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(영문) 춘천지방법원 강릉지원 2015.11.26 2015고단887
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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 November 26, 2011, the Defendant made a false statement to the effect that “The Defendant will work as an employee after attending the same multi-face from December 1, 2011 to December 201, 201,” within the “Ddak” operated by the victim C in Gangseo-si, Gangnam-si, Seoul.

However, in fact, the defendant thought that he would receive advance payment in order to cope with the interest as well as the health situation at the time was not good, and there was no intention or ability to work as an employee in the same series of years.

The defendant was transferred 2,00,000 won in cash from the victim to the Agricultural Cooperative Deposit Account (Account Number: E) in the name of the defendant under the name of the defendant in advance on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Around 14:00 on May 1, 201, the Defendant made a false statement to the victim “Around 14:00 on May 1, 201, 201, the Defendant would work as an employee for two months in the face of 3 million won with a advance payment.”

However, the fact was that the company received the advance payment to repay the debt at the time, and there was no intention to work as an employee as the promise.

The defendant shall pay 2,800,000 won in cash for the purpose of advance payment at around 20:40 on the same day from the victim, and the same month.

2. A person was granted 400,000 won in cash under the same name as at 10:00, respectively;

In this way, the defendant was delivered property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on filing of a complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act has the same criminal records for the accused several times, but reflects the crimes and there is no criminal record and

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