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(영문) 제주지방법원 2016.06.30 2016고정214

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year’s imprisonment with prison labor at the Jeju District Court on September 3, 2015, and the judgment became final and conclusive on December 18, 2015.

[Criminal Facts]

1. On June 18, 2015, the Defendant sent a phone call to the victim D on a vehicle located on the road near the Busan Busan Busan District Court, and made a false statement to the effect that “I would like to look for gift certificates to employees, so I would like to look at the gift certificates, so I would like to find a 500,000 won if I would like to do so to find a son to the Korean Land Corporation.”

However, the victim did not have the ability to find employment for the Korean Land Corporation.

As such, the Defendant, by deceiving the victim, received KRW 500,000 from the injured party in cash.

2. On June 21, 2015, the Defendant made a false statement to the victim that “on the face of the State, the Defendant would have a person in the personnel affairs division of the Korea Land Corporation in the face of KRW 200,000,000,000 in the face of the need to increase the money.”

However, the victim did not have the ability to find employment for the Korean Land Corporation.

As such, the Defendant, by deceiving the victim, was given KRW 200,000 in cash from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A loan certificate, receipt, or advertisement paper;

1. A previous conviction: A reply to inquiry, such as criminal history, a report on the result of confirmation of the previous conviction of the disposition, a report on investigation (Attachment, etc. of separate judgments), and application of the detailed provisions of the statutes on the case;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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, prior to the instant crime, is that the Defendant was punished by a fine for onehh time for the same crime.