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(영문) 대구지방법원 김천지원 2015.11.18 2014고단1356

사기

Text

A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On June 29, 2007, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Changwon District Court on September 17, 2008 and completed the execution of the sentence on September 17, 2008, and works as a tree in the construction site.

The Defendant, around December 31, 2010, worked in the D coffee shop located in Suwon-gu Busan Metropolitan City, for the victim B, who was a branch in the D coffee shop, "two young children work in the marina society. When a high-ranking position solicits employment, he/she may have his/her father/child work in the marina society. As such, on January 26, 201, the Defendant reported an interview around 20 million won.

2.15. Minority can enter.

‘False speech' was made.

However, in fact, two children of the defendant did not work in a marina society, and the defendant did not have any relationship with the employees of the senior executives of the marina society, so even if he received money from the victim, he did not have any intention or ability to have the victim work in a marina society.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as the fund for soliciting employment on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Previous records of judgment: Application of criminal history records, investigation reports (report on confirmation of the same type of crime records), copies of judgment, investigation reports (verification of repeated crime records), and Acts and subordinate statutes concerning the current status of individual identification and confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation (the scope of liability for compensation is not clear);

1. Application of the sentencing criteria [the range of recommending punishment] General Fraud (the amount less than 100 million won) and the basic area (6 months to one year and six months) of the sentencing criteria; and

2. In light of the fact that the Defendant, who was sentenced to sentence, committed the instant crime during the period of repeated crime, and whose damage to the victim has not been recovered, etc.