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(영문) 부산지방법원 2018.08.28 2018고단1162

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 May 24, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on August 25, 2017.

From June 2002 to August 2015, the Defendant is a person who had worked as “ship traffic signal number” at D Co., Ltd. located in the Dong-gu Busan Metropolitan City as “ship entry and departure signal number.”

The defendant did not have been in the position to find any other person in the above D Co., Ltd. or the port labor union, and did not know the person who is in the position to request employment. The defendant's existing obligation reaches 80 million won and is under circumstances where the defendant borrowed money from the credit service provider and repaid the existing obligation, and therefore, he did not have an intention or ability to find employment of the victim.

Nevertheless, on June 2013, the Defendant, at the entrance of the Busan High-dong Busan High-gu Busan High-gu Mandong, concluded a false statement that “The Defendant would give the Defendant employment as a port steering staff at the port wharf of Busan High-gu, and would need money to the union members to conduct personnel affairs. The Defendant would originally prepare to prepare for the amount of KRW 60 million for 40 million,00,000,000,000,000,000 for working expenses around that time.” The Defendant received KRW 40,000,000 from the injured party for employment expenses.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are disadvantageous to the nature of the crime are contrary to the circumstances that are unfavorable to the defendant: equity with the case of a judgment in which the victim does not want the defendant's punishment, and equity with the case of a judgment at the same time as the judgment in which the judgment becomes final, the other age, sex, environment,