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(영문) 대구지방법원 포항지원 2017.06.08 2017고단417
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From around October 8, 2016, the Defendant: (a) at the C control point located in the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, the Defendant: (b) “The Defendant was at the time of loading and unloading at the port of port; (c) should promptly put the victim into the port of port; (d) sent KRW 25 million to the port of port of port through the Tri-si, thereby allowing the Defendant to be employed; and (d) in December 2016, the Defendant would be employed.

“.....”

However, even if the defendant receives money from the injured party as a job referral, he was thought to use it as a personal business fund, etc., and there was no intention or ability to have the injured party be employed as agreed by the injured party.

On October 10, 2016, the Defendant: (a) by deceiving the victim; (b) obtained transfer of KRW 20 million to the Saemaul Treasury Account (E) in the name of the Defendant on October 10, 2016; and (c) KRW 5 million to the Saemaul Treasury Account (F) in the name of the Defendant on October 12, 2016; and (b) obtained transfer of KRW 25 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a certificate of deposit without passbook, and a certificate of deposit verification;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] In the case where the mitigated area (one month to one year) [the person who has been specially mitigated] [the decision of sentencing], or where considerable damage was restored [the decision of sentence] the defendant led to the confession of the facts charged in the instant case, and the defendant divided wrong facts while making a confession, the victim does not want the punishment of the defendant, the defendant does not have any criminal record other than the fine, and the defendant's age, environment, sex behavior, motive of the crime, circumstances after the crime, etc. are considered, and all other circumstances constituting the sentencing conditions specified in the argument in the instant case including the defendant's age, environment, sexual behavior, motive of the crime

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