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(영문) 대구지방법원 2016.05.12 2016고단909
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 2014, the Defendant came to know that the Victim C, which was known through the Internet game, wanted to be employed by Hyundai Motor Co., Ltd., the Defendant, “The father is working as a senior executive of the Daegu District of the Republic of Korea Nowon-gu and is currently preparing to be employed by the Defendant.”

He/she will be employed by his/her father in the modern automobile through his/her father.

In order to do so, it made a false statement that modern automobile executives should be contacted with modern automobile executives, but they should bear entertainment expenses as well.

However, the father of the defendant was not a senior to the Daegu District Office in Korea, and the defendant was not expected to be employed by Hyundai Motor Co., Ltd., and even if he received money from the injured party, he did not have the intent or ability to have the injured party employed by Hyundai Motor Co., Ltd.

On May 22, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 100,000 from the victim; (c) received money from the Daegu Bank Account (D) under the name of the Defendant from the victim; and (d) received, from November 15, 2015, a total of KRW 92,63,200 through 178 times, as shown in the list of crimes in the attached Table, and acquired the money by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint;

1. Application of the details of transactions by account and the lending certificate Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] In the case where (1) type 1 (less than KRW 100 million) mitigation area (1 month to 1 year), (1) punishment is not granted or considerable damage is recovered [decision of sentence] The crime of this case is that the defendant acquired property benefits by deceiving the victim C, and the defendant again committed the crime of this case despite the fact that he had been punished several times for the same kind of crime, and the amount of damage reaches KRW 92,63,200.

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