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(영문) 전주지방법원 2015.10.02 2015고단1133
사기
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On March 26, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Jeonju District Court on March 26, 2015. On June 3, 2015, the Defendant appealed from the Jeonju District Court’s Military Mountain Branch with five years of imprisonment for a crime of fraud and is still pending in the appellate trial

【Criminal Facts】

On May 6, 2011, the Defendant made a false statement to the victim CH(50 years of age) that “The Defendant would have employed 40 million won in the production position of the Hyundai Motor Utility Complex, while giving 20 million won to the rest of 20 million won when employed.”

However, in fact, only the victim tried to use money for personal purposes by receiving money from the victim, and there was no intention or ability to have the children employed in the production of the Hyundai Motor Utility Complex.

Nevertheless, the Defendant, as above, made a false statement to the victim and obtained 13 million won per cashier’s checks and 70 million won per cashier’s checks from the victim and acquired 20 million won per cashier’s checks.

Summary of Evidence

1. Defendant's legal statement;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement concerning CH;

1. A complaint;

1. Copy of the passbook and details of check issuance;

1. Investigation into criminal and investigation records materials;

1. Application of Acts and subordinate statutes to a report on investigation (attached to judgment, etc.);

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud [the scope of punishment] and no basic area (6 to 100 million won) [the decision of sentence] [6 months]: Imprisonment with prison labor: unfavorable circumstances, such as the fact that the nature of the crime is not good in light of the applicable law and content of the crime in this case, the fact that the damage has not been recovered, the defendant is against the law, the fact that the defendant is against the law, the balance with the case in which the appellate trial is pending at the same time.

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