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(영문) 대전지방법원 천안지원 2017.10.27 2017고단1499

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

In fact, even if the defendant received money from the victim C and D as a job referral fee, he only planned to use the money for the investment of stocks and for the repayment of personal debts, and since the defendant's husband did not have a relationship with the representative officer or the representative director's private placement, the defendant requested the representative officer or the representative director's private placement and requested the victims to have the children employed in the modern automobile.

Nevertheless, the Defendant called the victim C at the Defendant’s house located in Asan-si, Sinsan-si, on April 2014, and called the victim C, and called the victim C, “The husband in the Republic of Korea is in front of the west in the modern automobile, especially the Domine of a factory, is in the same way as a meeting, and is engaged in volunteer activities together with the Domine of a factory.

At the request of the private placement agency, they may be employed for modern vehicles, and send 100 million won per person, because the expenses are required.

different types.

If they are not employed in the modern vehicle, they will immediately return money including interest.

Around April 28, 2014, “Around April 28, 2014,” which received KRW 50 million from the victim C, KRW 30 million from the victim D, and KRW 80 million in total from the victim, from the Defendant’s bank account in the name of the Defendant as a job placement expense, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. Verification of transaction details, and application of Acts and subordinate statutes on each deposit transaction statement;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month to one year) [the person who has been specially mitigated] set forth in the mitigated area, the punishment of which is not set aside, or damage substantially

2. Determination of the sentence of deception in this case is not appropriate and the amount of damage is total 8.