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(영문) 전주지방법원 2016.07.15 2015고단1366

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, as an insurance designer, has no experience in serving as B, and is aware of the interested parties, and there is no intention or ability to find other persons employed in the above company, the Defendant, at the D coffee shop located in Toynsan-gu C at the end of May 2011, he was aware of the employment of the young children in B before becoming an insurance company, and the head of B association and the head of the department are aware of the fact that he was employed by the young children.

If you want to find employment, it is necessary to pay money because it is necessary to contact with street expenses.

“Falsely speaking to the effect that it was “A”, the member was paid KRW 10 million from the victim’s credit card in the name of the victim, around June 24, 201, from North Korea bank to the day of July 25, 2012, and was paid KRW 21,763,240,000 on eight occasions in terms of activity expenses, entertainment expenses, etc. necessary to find employment of the victim’s children to the company B, such as the victim’s list of crimes, from that to July 25, 2012, and was paid KRW 4,763,240 by credit card in the victim’s name, and did not repay it.

Accordingly, the defendant, by deceiving the victim and being given KRW 21.7 million, acquired financial benefits equivalent to KRW 4,763,240.

Summary of Evidence

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement made by the police for E;

1. Each report on investigation;

1. The application of Acts and subordinate statutes governing the details of transactions in favor of the two superior credit cooperatives, borrowing certificates, statement of credit card loans repayment, transfer statement, current status of transactions in the past of card holders, statement of transaction in the name of suspect in the name of suspect, recording (the identity of complainants and suspect telephone communications) and records of transactions in favor of the former passbook;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment) on the grounds of sentencing;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Type 1 (less than KRW 100,00) (the area of recommendation shall be determined).