beta
(영문) 서울중앙지방법원 2017.04.12 2017고단988

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 2007, the defendant would allow the victim D to be employed as a public official in technical service in the Gu office of Jung-gu, Seoul and Jung-gu as the head of the Gu and the member of the Jung-gu Council, because he well knows that the defendant would be well aware of the members of the Jung-gu Council.

In order to be employed as a public official in technical service, it is necessary to pay attention to the head of Jung-gu and the members.

‘False speech' was made.

However, in fact, even if the defendant received money from the injured party for the purpose of personal use, he did not have any intention or ability to employ the injured party's children as public officials in technical service.

The Defendant, by deceiving the victim as above, received KRW 600,00 from the victim on October 22, 2007; KRW 3,000,000 on November 13, 200 of the same year; KRW 400,000 on November 23, 2008; KRW 700,000 on November 25, 2008; and KRW 3,000,000 on December 12, 2009; and KRW 2,00,000,000 on January 12, 2009; and KRW 11,50,000 on total seven occasions around October 29 of the same year, including KRW 1,80,000 on October 29 of the same year.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1.Payments of payment

1. Application of Acts and subordinate statutes on trading specification lists;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act and the circumstances leading up to the offense, and the method of sentencing, the punishment as ordered is not good. While the punishment of one time of fraud is unfavorable, the full amount of the money obtained by deception is returned, and the victim does not want the punishment by agreement with the victim, and other circumstances, such as the defendant's age, sex, criminal conduct, environment, family relationship, motive and consequence of the offense, circumstance after the crime, etc., and the sentencing conditions specified in the argument of this case, shall be determined as ordered, taking into account the following circumstances.