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(영문) 전주지방법원 2015.11.19 2014고단1387
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

At around 15:30 on March 20, 2012, the Defendant stated that “The victim E, who introduced the Defendant through the scam and asked the Defendant to offer a job to his children, was “a person who has well known to the truth of the stock company. The Defendant originally attempted to put the scam, but was on the scam, one of the scams, 20 million won on the scams, will take employment of the children of the party at the scam of the scam for three months on the scam.”

However, in fact, the defendant did not have any person who was aware of the fact that he was employed in the company, and there was no fact that his deceptive act was decided to find employment in the company, and some of the received money was intended for personal use, and there was no intention or ability to find employment of the victim in the company.

The defendant was issued 20 million won a cashier's check in the same place under the pretext of job placement expenses by the victim.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the E statement part);

1. Each police statement of the E, F, and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. From one month to ten years of punishment by law; and

2. In cases where the victim has a considerable responsibility for the occurrence of crimes or the expansion of damage to the victim in the area of special mitigation (one month to one year) (special mitigation) of types 1 (less than 100 million won) and the scope of recommending punishment according to the sentencing guidelines (the scope of recommending punishment) general fraud, the penalty surcharge shall not be imposed.

3. Although the nature and circumstances of the instant crime are not good, if the Defendant recognized the instant crime, and the depth is divided, and the victim wishes to be punished by mutual consent with the victim.

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