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(영문) 광주지방법원 2017.05.31 2016고단4508 (1)

사기등

Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On October 10, 2014, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a crime of violation of the Defense Justice at the Gwangju District Court, etc. On June 9, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for a crime of fraud, etc. at the interest support of the Gwangju District Court on June 17, 2016.

The Defendant around December 20, 2012, at a “D” restaurant located in Gwangju-gu, Seo-gu, Gwangju around December 20, 2012, the victim E is a U.S. student with a small house life in the Cheongdae.

In order to provide employment solicitation expenses of KRW 30,50,000,000, it is intended to employ small children as an employee of the incubable factory by requesting the students to do so.

“.....”

However, even if the defendant receives money from the injured party for the purpose of employment solicitation, there was no intention or ability to employ the injured party as an employee of the automobile integrified Factory as an employee of the automobile.

However, on December 24, 2012, the Defendant received KRW 30,500,000 from the damaged party’s account (Account Number:F) in the name of the Defendant.

Accordingly, the defendant deceivings the victim as above, acquired 30,50,000 won from the victim, and did not follow the law, and participated in the employment of others for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of the certificate of deposit without passbook; and

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (Attachment to suspect's criminal history, sentence, indictment, etc.);

1. Article 347 (1) of the Criminal Act (the point of fraud), Articles 107 and 9 of the Labor Standards Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the sentencing guidelines shall be recommended within the scope of the punishment recommended by the sentencing guidelines, taking into account the following circumstances: (a) the Defendant’s age, sex, environment, circumstances, circumstances after the commission of the crime, and all other sentencing conditions shown in the argument of the instant case, such as the Defendant’s age, sex, and circumstances after the crime.