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(영문) 부산지방법원 2018.07.19 2017고단6245
사기
Text

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

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

Reasons

Punishment of the crime

On March 2016, the Defendant, at a coffee shop where it is impossible to know the trade name located in the Sorasan-dong of Busan City on March 2016, the Defendant, “D well known to the victim C of the former chairperson of the Busan Coast Guard.”

It shall be offered by requesting to him to find employment in the port union.

A false statement was made to the port and port union executives, and the gift should be given in money.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to find employment in the old union.

As can be seen, the Defendant, by deceiving the victim, received total amount of KRW 400,000 on March 26, 2016 from the victim, to the national bank account under the name of the Defendant, KRW 10,000,000 on September 6, 2016, KRW 40,000 on September 21, 2016, and KRW 5,40,000 on December 56, 2016, total of KRW 5,40,00 on four occasions, including KRW 5,00,00 on September 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by each prosecutor to the prosecution against D and C;

1. Statement made by the police against C;

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

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] In the mitigated area (one month to one year) of Class 1 (less than KRW 100 million) in general fraud [the person who is specially mitigated] [the person who is not subject to punishment] or the case where considerable damage was restored [the decision of sentence] deceiving the person under the pretext of a solicitation of employment detrimental to fair competition and deceiving the person under the pretext of a solicitation of employment and the amount of

The defendant set up a right to collateral security to secure the compensation for damage to the victim, appears to be able to compensate for actual damage, and there is no record of punishment in excess of the same kind of crime or fine from an investigative agency, and there is no other record of the crime in this case, the circumstances after the crime, the defendant's age, health, sexual behavior, environment, etc. are shown in the records and arguments of this case.

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