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(영문) 서울중앙지방법원 2017.10.17 2017고단2095

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 20, 2016, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on June 29, 2017.

【Criminal facts】 The Defendant is the victim E at the office located in Seocho-gu Seoul Metropolitan Government (State) D on September 2012, 2012, and the victim E is the victim’s “F attorney-at-law, who is the legal branch of Seoul metropolitan Government, is the Industrial Bank G and relatives.”

G by requesting the F lawyer at the face of KRW 30 million, H will be re-employed as an executive officer of the KDB treatment securities through G.

The phrase " was issued 30 million won from the injured party."

However, in fact, the Defendant did not graduate from the Seoul Metropolitan Government and did not have an intention to re-employment in the KDB and did not have an ability to re-employment in the FDB by requesting the FF attorney or G to re-employment even if the Defendant received KRW 30 million from the injured party.

As such, the defendant deceivings the victim, thereby deceiving 30 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of witness E, I, H, and J;

1. Copy of the defendant examination protocol (Evidence 14,27) against E;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the prosecution with regard to H;

1. Statement made by the police for E;

1. A written confirmation of each fact by H and J;

1. A complaint filed by E;

1. Records of recording and Kakao Stockholm conversations;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of relevant cases, such as fraud against a suspect A);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Although the alleged victim E received a delivery of KRW 10 million from the victim E of living expenses for the first time on February 2013, and KRW 20 million from the police officer on March 2013, 2013, the victim considered the Defendant, who had not received a certain income, to be subject to the brupting Act, and KRW 20 million is deemed to have been subject to the brupting Act.