beta
(영문) 인천지방법원 2017.01.26 2016고단7353

사기

Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal record] On December 24, 2014, the Defendant was sentenced to six months of imprisonment for fraud in the Dong Branch of the Busan District Court on January 1, 2015, and the judgment becomes final and conclusive.

[Criminal facts] The Defendant was in de facto marital relationship at the victim C’s house located in Seocho-gu, Busan, and the victim C on August 2012

The father, the father, of E, is a person of G who is a trend in F.

The person will be employed in H or F to provide South Korea through the person.

In order to find employment, the amount of 30 million won is required at the expense. The false statement was made to the effect that the amount of 30 million won is required.

However, in fact, the defendant did not have the intention or ability to find employment with the same number of doors of the victim in H or F through the above G.

Nevertheless, on August 13, 2012, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 14,550,000 to the Saemaul Treasury’s account (I) in the name of the Defendant on April 26, 2013; (c) KRW 15,000,000 on December 27, 2013; and (d) received KRW 38,50,000 on December 30, 2013; and (c) transferred KRW 38,50,000 on December 30, 203, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipts and each investigation report;

1. Previous conviction: A reply to inquiry, such as criminal history, confirmation of the date of confirmation, and application of 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. Articles 32(1)1 and 32(2) and 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the application for Compensation shall be made until the pleadings are closed. However, since an applicant for compensation filed an application for compensation after the closure of pleadings, the application for compensation is not legitimate.) The amount of fraud of the reason for sentencing is not so small that the crime is not good in light of the method of deception, and is not agreed and the injured is seeking a strict punishment against the accused, and there are records of having been sentenced to criminal punishment for the same kind of crime.