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(영문) 서울북부지방법원 2017.08.23 2017고단2474

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On July 18, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and was released on February 27, 2015 during the execution of the sentence, and the parole period expired on April 7, 2015.

[Criminal facts] The Defendant became aware of the victim C who was hospitalized in the same sick room while hospitalized in the hospital located in the Gangseo-gu Seoul Metropolitan Government for about eight years before the Defendant was hospitalized in the same hospital.

The Defendant, around November 18, 2016, at the E Hospital next to the E Hospital located in Gangnam-gu Seoul, Gangnam-gu, Seoul around November 18, 2016, was issued to the victim as the date of the issuance of the victim’s “at present, the Defendant served in the birth department above the Gangseo-gu, Gangnam-gu, Seoul.”

In the end, if the Gu Office only three months regulate parking, it has been a place to be listed as a class 9 regular public official.

It is intended to place a 15 million won or more of the street funds on this job for the young children on the face of a week.

“A false statement” was made.

However, the facts are that the defendant did not have worked in the upper part of the Gangnam-gu Office, and that the defendant did not have an intention or ability to employ the victim's children as a staff member of the Gu Office even if he received money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the injured party under the same day as the street funds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C Complaints;

1. Investigation report (verification as to whether a suspect works in the Gangnam-gu Office);

1. A copy of a certificate of cash storage and the statement of mobile phone text messages;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, data on search of prisoners, investigation reports (Attachment of the same criminal suspect's judgment), and application of the statutes of the judgment;

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to 20 years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general fraud;