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(영문) 전주지방법원 군산지원 2018.07.18 2018고단166

사기

Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 2016, the Defendant made a false statement to the effect that “In order to get a person to work in modern automobiles, the Defendant would have the victim J work in modern automobiles only with the amount of KRW 80 million,00,000,000.”

However, in fact, the defendant received money from the injured party to use it as living expenses and personal debt repayment, etc., so even if he received money from the injured party, he did not have any intention or ability to have the injured party employed his children.

As such, the Defendant, by deceiving the victim, received KRW 8 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, around June 16, 2016, KRW 32 million around July 1, 2016, and KRW 10 million around December 1, 2016, respectively. < Amended by Act No. 14373, Dec. 1, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes on a complaint, copy of passbook, verification of request for remittance to others, details of transaction transfer, and application of statutes on a fair deed;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that the crime of this case is committed by acquiring money from the injured party on the pretext of a job solicitation, and it is not good that the crime of this case is committed, and the amount of money obtained by deceit is not

However, there is a favorable circumstance that there is no record of criminal punishment except that the defendant is subject to criminal punishment of a fine of KRW 300,000 due to road violations in 207.

In full view of these circumstances, the defendant's age, sexual conduct, motive, means and consequence of the crime, and the sentencing conditions indicated in the arguments, it is harsh that the defendant cannot maintain the position of the public official by sentencing imprisonment with prison labor.