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(영문) 서울북부지방법원 2018.02.21 2017고단5430
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant, despite that he was unable to have the intent or ability to employ another person as a teacher of the C Industrial High School under the B Institute, was a person working as a teacher of the D University, on December 15, 2016, the Defendant would have the victim E, who was a senior student in the D University’s office of high school, be employed as a staff member of the D University, who is related to the B Institute Foundation, related to the D University University Foundation, related with the professors of the D University, and fluenites the victim

Based on the false statement, the victim was transferred money KRW 100 million to G bank account in the name of “F school” in which the Defendant was the principal.

As a result, the Defendant received KRW 100 million from the injured party under the pretext of employing the victim as the staff of the D University.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Sentencing sentencing under Article 62(1) of the Criminal Act is not easy in light of the background and method of the crime in this case, the amount of fraud, etc. Meanwhile, the punishment is determined as ordered in consideration of the overall circumstances and sentencing guidelines shown in the records and changes theory of this case, including the fact that the defendant confessions and reflects the crime in this case, that the injured person does not want the punishment against the defendant by making a smooth agreement on the recovery of damage to the injured person, that the defendant does not have any criminal history exceeding the same kind of punishment or fine in this case, and that there is no criminal history against the defendant.

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