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(영문) 광주지방법원 2013.08.16 2012고단6346
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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

1. On August 20, 2010, the Defendant: (a) received money from the victim D; (b) on August 24, 2010, the Defendant made a false statement to the victim stating, “A woman’s dynamic G is not a functional official or a stable workplace; (c) there is no intent or ability to use the money for the purpose of seeking a job; and (d) despite the absence of an intention to use the money, the Defendant received KRW 30 million in total from the victim, on August 24, 2010, the Defendant received KRW 20 million from the victim on August 24, 2010, and around October 5, 2010, KRW 10 million from the victim, respectively.

2. On December 9, 2010, the Defendant: (a) received money from the victim C even if he/she received money from the victim C, he/she did not have any intent or ability to employ his/her children as a public official in technical service or in a stable workplace on an equal basis; and (b) made a false statement to the victim stating, “ despite the absence of an intent to use the money for the purpose of seeking a job, the victim would have the child employed as a public official in technical service at KRW 50 million in the street name, etc.”; and (c) accordingly, the Defendant received KRW 40 million from the victim around December 9, 2010 and KRW 10 million around December 15, 2010, respectively, and received KRW 50 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C/D respective legal statements legislation

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 25(3)3 and Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits by rejecting an application for compensation order, the Defendant alleged to the effect that the Defendant returned KRW 15 million to the victim D around June 30, 2012, and the victims did not have any cause attributable to the occurrence of the instant crime, etc., the scope of liability for compensation is not clear.

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