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(영문) 대전지방법원 논산지원 2014.11.25 2014고단361

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant stated that “The victim B will be employed as a temporary staff member for the viewing and viewing of children” in the Defendant’s brand parked in the performance parking lot for the viewing and viewing of visitors. The Defendant stated that “The head of the audit and inspection division for the viewing and viewing of children should make a speech and talk at the request of the head of the audit and inspection division for the viewing and viewing of children, one million won as entertainment expenses.”

However, in fact, the defendant did not have the intention or ability to employ the victim's child as a viewing temporary employee.

As above, the Defendant was provided with money and valuables under the pretext of receiving one million won from the victim in cash on the same day and receiving money and valuables under the pretext of solicitation for the affairs handled by the public officials at the same time as the attached crime list, including obtaining a total of 2,4740,000 won through ten times as indicated in the attached list of crimes, and soliciting the affairs handled by the public officials at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by each prosecutor of the prosecution against B and C;

1. Application of Acts and subordinate statutes to descriptions in a note, a detailed statement of transactions (a document attached to a complaint) and a record of recording;

1. The main sentence of Article 111(1) of the Attorney-at-Law Act (the point of receiving money and valuables in the name of a public official solicitation) under Article 347(1) of the Criminal Act (the point of receiving money and valuables in the name of

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment provided for by each date for a crime of fraud and a violation of the Attorney-at-Law Act, and a punishment provided for a crime of more severe fraud);

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of applicable sentences: Imprisonment with prison labor for one month to 15 years (terms of concurrent crimes, choice of imprisonment, and aggravation of concurrent crimes);

2. Sentencing Criteria [Determination of Punishment] Aggravation of Fraudulent Crime Group, General Fraud Type 1 (less than KRW 100 million) [Extent of Recommendation] : Imprisonment with prison labor for a period of one year to two years: Special aggravation that has no special mitigation factors: repeatedly committing a crime over a considerable period of time.