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(영문) 대구지방법원 포항지원 2018.01.18 2017고단1059

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 28, 2015, the Defendant, at the office of “E” operated by the Defendant located in the Northern-gu, Northern-si, North Korea on January 28, 2015, would have the Victim F employed the Victim F to work in the Port of Port and Port of the Republic of Korea as “E”.

In February 2015, the first police officer called "the victim as soon as he / she gets money" at the same place.

However, in fact, the Defendant received money as above and paid KRW 50 million to his children in return for the arrangement of employment in Korea Gas Corporation, and the remaining money was thought to be used for personal purposes, such as his card price, and thus there was no intention or ability to use the money received from the victimized children to arrange employment for the victimized children.

The Defendant deceivings the victim as above, and was transferred from the victim to the account under the name of the Defendant, KRW 60 million on February 11, 2015, and KRW 20 million on February 24, 2015, respectively.

Accordingly, the Defendant acquired a total of KRW 80 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Certification of remittance applications, etc., details of deposit transactions, and application of each deposit receipt statute;

1. The reason for sentencing of Article 347 (1) of the Criminal Act and Article 347 (1) of the Selection of Punishment Act [Scope of Recommendation] [No person subject to special sentencing] in the basic area (from June to January 6) of the type 1 (the scope of recommendation) of the general fraud [no person subject to special sentencing] [Pronouncement of sentence] unfavorable circumstances: In light of the applicable law of the instant crime and the degree of damage, the circumstances favorable to the nature of the relevant crime are significant: (a) endeavoring to recover damage by repaying the amount acquired by the Defendant with repayment of KRW 52 million out of the amount acquired by the Defendant; (b) the above circumstances and the Defendant’s age, sex, criminal conduct, career, home environment, motive and means of the crime, and the circumstances after the crime, etc.; and (c) the sentence shall be determined as shown in the Disposition.