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(영문) 수원지방법원 안양지원 2014.04.29 2013고단1195

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2012, the Defendant made a false statement to the effect that “The Defendant called the victim D, who was aware of the fact that the Defendant had been at the time of the early police officer of the C University, to the effect that “at present, he is a researcher at the GIU, who has been engaged in sports-for-all research at the GIU.S. University, and has been issued the 2nd certificate of life instructor and the 2nd certificate of sports instructor at the GIU., who has been at least 10 years’ experience at the GIU., would be issued a certificate of qualification at the time of deposit of acquisition expenses.” On September 14, 2012, the Defendant made a false statement to the effect that “the Defendant would immediately return the following day if the number of game instructors falls short of one person, and the acquisition cost of one-half of the qualification certificate

However, the defendant was not a researcher of the GGEA, and there was no other way to obtain the certificate of qualification for sports leaders in addition to the method of passing an examination conducted by the state. Therefore, the defendant did not have the intent or ability to obtain the certificate of qualification for the victim.

As such, the Defendant, by deceiving the victim, transferred KRW 1,425,00 to the bank account in the name of E as expenses for acquiring qualification certificates, including KRW 860,00 on September 14, 2012 and KRW 565,00 on September 17, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on details of trading complaint and passbook;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime of misrepresenting his identity, status, and ability against the subsequent vessels, and the crime is not suitable for such crime.

The defendant committed a similar crime repeatedly several times, and the date of the pronouncement of this case.