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(영문) 광주지방법원 2016.04.07 2016고단288

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On February 6, 2013, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Gwangju District Court, and on April 24, 2013, the same court sentenced four months of imprisonment for fraud and completed the execution of the sentence on June 28, 2014.

[2] On April 4, 2015, the Defendant, at the “P” restaurant located in the 10th floor of the O department store located in the Jung-gu Busan Central District, Busan Central District, attempted the victim Q Q to allow the victim Q to be employed in the construction of the terms and conditions for the treatment of the victim’s children, and allowed the victim Q Q Q to be employed in the construction of the terms and conditions for the treatment of the victim’s children. The Defendant would be able to give a contract for the electrical construction of the fixed-term college dormitory built in the construction of the treatment marine shipbuilding.

The phrase “ makes a false statement.”

However, the defendant did not know about the person in charge of the construction of the Korea Marine Shipbuilding and did not have the intention or ability to make the above S Co., Ltd. receive the order.

On April 7, 2015, the Defendant received KRW 2 million from the injured party to the national bank account of the Defendant for the expenses for finding employment among the children.

In addition, from around that time to May 8, 2015, the Defendant received a total of KRW 22,50,000 through four times in the same manner as the written list of crimes in the attached Table, such as the list of crimes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution on Q and T;

1. Statement of Q in the police suspect interrogation protocol against the defendant;

1. Inquiry into the details of liquidity transactions, and application of Acts and subordinate statutes on personal financial transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The ground for sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] General Fraud (less than KRW 100 million) and the area of aggravation (one year to two years and six months) [the person who is specially aggravated] the same type of repeated crime [the decision of sentencing] includes the records of the crime committed against the defendant.