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(영문) 서울서부지방법원 2018.04.13 2017고단3068

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 6, 2013, the Defendant entered the victim C as a special trainee in the Taekwondo Department at the Scar University by requesting the victim C to be a professor at the Scar University, his relative is a director at the Scar University.

The phrase “ makes a false statement.”

However, in fact, the defendant was not a professor of the Gyeong National University, but a relative was not a director of the Gyeong National University, and even if he was liable for the debt of 130 million won at the time, he was thought to be used in repaying the debt of the son, and he did not have the intent or ability to admit the victims to the Gyeong National University.

Around August 6, 2013, the Defendant, by deceiving the victim, received a total of KRW 105,556,000 from 13 times in total under the pretext of teaching expenses, such as receiving KRW 890,00 from the agricultural bank account under the name of the Defendant from the damaged party, and acquired the money by transfer, such as the statement in the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution of D;

1. Application of Acts and subordinate statutes on account transactions;

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. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act suspended execution: The confession and reflection are made, the victim's bereaved family members agree, the victim's agreement is disadvantageous to the fact that there is no particular criminal history: The amount of damage is large, taking into account all the circumstances that are conditions for sentencing, such as the defendant's age and occupation, sex and environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime;