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(영문) 서울북부지방법원 2017.06.21 2017고단1791
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

Defendant was aware of his knowledge around September 2016.

C through C, the victim D made a false statement to the effect that “I know well of the chairperson of the Hanwon Islands, who will deliver KRW 30 million to the chairperson of the Labor Relations Adjustment Committee, so as to allow I to find employment in the Hanwon Islands.”

However, the Defendant did not know at all of the chairman of the Gangwon-do Trade Union, and even if receiving KRW 30 million from the injured party, the Defendant did not have any intent or ability to allow the injured party to find employment in the Gangwon-do.

On September 9, 2016, the Defendant, by deceiving the victim, was issued KRW 30 million,00,000,000,000 to the victim’s 10,000 won of the check in his own front of the check, at the mutual infinite Island located in the Seowon-gun, Seowon-gun, Seowon-gun, Seowon-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the examination of suspect by the prosecution against the accused and C (including the cross-examination);

1. Each police statement made to D or E;

1. A written statement;

1. A copy of a check before himself;

1. Application of Acts and subordinate statutes to investigation reports (related to e-mail misrepresentation of the Gangwon Ireland Trade Union);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the basic area of the recommendation [the scope of the recommended punishment] types 1 (a decision of less than KRW 100 million) [the scope of the recommended punishment] [the scope of the punishment] from June to one year and six months [the scope of the punishment]: Article 347 of the Criminal Act (the statutory penalty: January to ten years);

2. Circumstances unfavorable to the decision of sentence: The criminal defendant is not highly likely to commit a crime by deceiving a large amount of money with his/her employment.

The defendant sent a medal as if he was an executive officer of a trade union in order to have the victim believe that he/she is the defendant, and there is a high possibility of criticism and criticism on the crime.

The amount of the fraud of this case is KRW 30 million, and there is no part that has been repaid with the damage due to considerable damage to the victim.

(b) the defendant;

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