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(영문) 광주지방법원 2016.01.20 2015고단4950

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant around February 13, 2014, at the K office operated by the defendant in Yong-gu J of Yong-gu, Young-si, the defendant would allow the victim Q Q to become the presiding official of Samsung electronic personnel team because the defendant has an executive officer of Samsung electronic personnel team.

It stated that the street funds for personnel solicitation need to be paid for money.

However, even if the defendant received money from the injured party, he did not have the ability to allow the injured party to find employment in the above company.

The Defendant, as seen above, made a false statement to the victim, and defrauded the victim’s 6 million won on March 25, 2014, and 5 million won on March 27, 2014, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. Application of Acts and subordinate statutes on remittance details;

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

1. Reasons for sentencing selective imprisonment with prison labor;

1. Scope of recommended punishment on the sentencing guidelines: The fraud crime committed between six months and one year and six months, the general fraud, the Class 1 (less than KRW 100,00) and the basic area of the punishment;

2. Specific grounds for sentencing - favorable circumstances: The Defendant reflects the instant crime. - Unfavorable circumstances: the Defendant suffered considerable economic and mental pain due to the instant crime; and the Defendant was sentenced to imprisonment with prison labor for up to two years and six months from the Gwangju District Court’s Netcheon Branch on November 11, 2015, which included employment fraud.