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(영문) 서울중앙지방법원 2016.02.18 2015고단8068

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

피고인은 2010. 8. 12. 경 서울 강 남구 뱅뱅 사거리 부근 상호 불상 커피숍에서 피해자 C으로부터 지인의 조카 D에 대한 취직을 부탁 받고 피해자에게 “ 아는 사람이 현대 모비스 고문 출신이고 영향력 있는 사람을 많이 알고 있으니 부탁하여 D을 2010. 10. 20.까지 전 남 여수 소재 GS 칼 텍스 공장에 취직시켜 주겠으니 접대비 등 경비 조로 돈을 달라.” 고 거짓말을 하였다.

However, the Defendant did not have any connection with GS-Cex, nor did he/she have any other ability to exercise influence over the recruitment of staff members of GS-Cex, thereby having no intention or ability to find D in GS-Cex factory.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the Japanese bank account in the name of the Defendant for expenses such as entertainment expenses to arrange employment from the injured party, and received KRW 18.9 million in total over 10 times from October 1 of the same year, as shown in the list of crimes in the attached crime, until October 1 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act regarding criminal facts, and Article 347(1) of the selected criminal punishment, the reason for sentencing of imprisonment with prison labor is that the defendant deceivings the victim, thereby deceiving the victim.

Nevertheless, the victim did not reach an agreement with the victim and did not take any measures for the recovery of damage.

Although the defendant was sentenced to a sentence for a crime of the same kind in the past, he again committed the crime of this case.

Considering these circumstances, the Defendant’s liability for the instant crime is not somewhat weak.

However, the fact that the defendant recognized all the facts constituting the crime of this case and reflected the wrong facts, etc. are considered as favorable circumstances for the defendant, and others.