(영문) 전주지방법원 2012.08.23 2010고단1893

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2012.08.23 2010고단1893

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around January 2009, the Defendant heard from C, who became aware of the place of business at a place where it is unknown, that the victim D is trying to find a cook by telephone, and the fact that the victim did not have any intention or ability to find a cook as a full-time worker of the modern Heavy Industries, the Defendant made a false statement to the victim via C, stating, “I will have the assistant officer of E in the city where the friend Gu in friend is in Seoul, employed as a full-time worker of the modern Heavy Industries. To be well-known, the case expenses should be paid to the victim, who would have been employed as a full-time worker of the modern Heavy Industries. When transferring KRW 30 million, the Defendant will have him become a full-time member by not later than June.”

As above, around 11:08 on February 2, 2009, the Defendant, by deceiving the victim, was delivered KRW 30 million from the victim to the agricultural bank account of the Defendant’s wife F in terms of employment introduction expenses.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of D's complaint, receipt Acts and subordinate statutes

1. The punishment identical to the order shall be determined by taking into account the following circumstances: (a) the amount of the instant crime acquired through deception of the reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (elective of imprisonment) is the maximum amount of KRW 30 million for the crime; (b) the damage recovery has not been made (the victim again wanted to be punished against the defendant because he/she failed to submit a letter of revocation of complaint by an investigative agency; (c) the nature of the instant crime is very poor; (d) the crime was committed while the case is tried, and the present location is unknown after escape; and (e) the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime;

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제347조 제1항

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