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(영문) 수원지방법원 2014.11.28 2014고단5760
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2007, the Defendant stated that “E” for the victim’s operation “E” in Gwangju Northern-gu, Gwangjubuk-gu, the Defendant signed a false statement that “The Defendant would have both two children and three children of the son and son, through the head of the Tri-gu headquarters, find employment in Samsung electronic office.”

However, even if the defendant receives money from the victim, he did not have the victim's children, etc. to find employment in Samsung Electronic, and there was no intention to use the money for the purpose of finding employment for the above people.

The Defendant, as above, by deceiving the victim, received a total of KRW 10 million from around that time to October of the same month, as the job placement fee, from the victim, for three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “the reason for sentencing”)

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended range] basic area (one to six months of imprisonment) (one to six months of imprisonment): No special person:

3. According to the decision of sentence, the crime of this case is to be determined within the scope of the recommended sentence, taking into account the facts that the crime was committed with a job placement failure, and that the defendant had a record of punishment for the same kind of crime, etc.

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