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(영문) 광주지방법원 2015.09.11 2015고단2052

사기

Text

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

Reasons

Punishment of the crime

The defendant did not have any kind of friendly relationship with the person in charge of personnel management of the car, and even if he received money from the victim C for expenses, etc., he did not have the intention or ability to have the children employed in the automobile Gwangju Factory.

Nevertheless, at around 18:30 on March 8, 2011, the Defendant, at the “E” restaurant located in Seo-gu, Seo-gu, Seo-gu, Gwangju, saying, “The Defendant sent son as a full-time employee with the person having the right to work and manage the previous car factory. At latest until July 201, 201, I changed the amount of KRW 30 million.” In other words, the Defendant received from the victim the amount of KRW 33 million as the remuneration for employment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police for the accused and each protocol of examination of the prosecution;

1. Statement to C by the police;

1. A criminal investigation report (F answer of witnesses), an investigation report (related to the cross-examination with victims C);

1. Application of Acts and subordinate statutes to check cashier's check numbers and to write cashier's checks;

1. The punishment shall be imposed on the defendant in light of the fact that the damage has not been recovered completely even though the amount of damage has not been much than four years since the amount of punishment imposed under Article 347(1) of the Criminal Act for the relevant criminal facts, and the punishment shall be determined by taking into consideration the following: (a) the fact that the defendant led to the confession of the crime and misunderstanding; (b) it is difficult to deem the defendant to have committed the crime with a conclusive intention; and (c) the fact that the defendant has

For reasons above, it is decided as ordered within the scope of one month to one year (the area of mitigation of general fraud type 1 among fraud crimes) which is the recommended sentence according to the sentencing guidelines.