Text
A defendant shall be punished by imprisonment for one year.
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
[2013Kadan965] On November 30, 2012, the Defendant made a false statement to the effect that “The Defendant would work on the side of the main line of the Victim C in the Ddab of the Hadong-gun C’s operation.”
However, in fact, the defendant was thought to receive advance payment from the victim to use it as living expenses, etc., and there was no intention to do work in multiple times.
The Defendant received KRW 5 million from the victim to the Agricultural Cooperative Account in the name of E used by the Defendant on the same day.
Accordingly, the defendant was given property by deceiving the victim.
[2013 Highest 1107] Around 12:00 on March 8, 2012, the Defendant made a false statement to the victim that “Around March 8, 2012, the Defendant would make a settlement of the damages to the business establishment that had worked prior to the discharge of KRW 8 million with the advance payment, and make a second payment from March 13, 2012 to H points, and pay the advance payment at the main point.”
However, in fact, the defendant received money from the victim to use it as his debt repayment or living expenses, etc., but did not have the intention or ability to work at the victim's main point.
The defendant was issued KRW 8 million to the account of community credit cooperatives in the first name used by the defendant on the same day from the victim.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
[2013 Highest 965]
1. Defendant's legal statement;
1. Statement to C by the police;
1. C's accusation [2013 Highest 1107];
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of the G Acts and subordinate statutes to the complaint;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the fraud point and the choice of imprisonment with prison labor);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The criminal records of the same kind of crime under Article 62(1) of the Criminal Act are high, the crime committed during the period of suspended execution is committed, or the recent childbirth is no longer possible.