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(영문) 서울중앙지방법원 2017.05.25 2016고단8172

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 8, 2015, the defendant was sentenced to one year by the Seoul Central District Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment is the same.

7. A person who was confirmed on October 7 of the same year and completed the execution of the sentence, and is a representative director D.

The defendant, in the non-permanent area of Jongno-gu Seoul, Jongno-gu, in 2013, has three times the victim E to find out the employment of the early car, and the employment fee of 20 million won can be paid by 100%, and the employment of the public corporation should be employed at least 1-2 years.

“The phrase “ was false.”

However, in fact, the defendant was thought to use the money received from the injured party individually, and there was no intention or ability to identify the employment of the injured party.

Nevertheless, on November 1, 2013, the Defendant, by deceiving the victim, received a cash of KRW 60 million from the victim who is in the Eunpyeong-gu Seoul Metropolitan Government Non-dong on November 1, 2013 and acquired it by deceiving the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement of witness E in the second public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant’s crime of sentencing on the grounds of Article 62-2 of the Social Service Order Criminal Act requires strict punishment by taking advantage of his/her deliberation that he/she would have been employed, and by taking advantage of his/her good faith, making the victim obtain monetary damage as well as making the victim enjoy the economic system of the liberalism in which he/she should select human resources through sound competition.

The fact that the defendant was aware of the main part of a journalist and committed several times in the past is disadvantageous to the defendant.

However, the defendant.