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1. The defendant shall be punished by imprisonment with prison labor for a period of one and half years;
2. The Defendant shall receive 14,00,000 won from C who is an applicant for compensation.
Reasons
Punishment of the crime
[Criminal Power] On March 20, 2014, the Defendant was sentenced to 10 months of imprisonment for fraud in the Daegu District Court’s Port Branch, and two years of suspended execution on March 28, 2014, and is still under suspended execution.
【Criminal Facts】
On March 12, 2014, the Defendant made a false statement to the victim I, “H” located in the Northern-si G, North Korea, stating that “If a vacancy occurs due to the retirement of the labor union member, it is necessary to appoint the victim as a suspended worker for the duties of the president of the Democratic Labor union, the amount of KRW 30,000,000 to the employment of the child as a suspended worker for the duties of the head of the Democratic Labor union, and the amount of KRW 10,000,000 to the personnel expenses to be borne by the labor union office.”
However, the defendant did not have the intent or ability to have the victims work for the construction of sculcos even if he did not receive the money to the victims, not the executive officers of the Democratic Labor gun or the National Plant Construction Workers' Union, a union affiliated with it.
The defendant was issued KRW 10 million by the victim as a job placement fee on the same day on the same day.
In addition, from the above date to October 15, 2014, the Defendant received total of KRW 96,50,000 from the victims for job placement in the same manner as indicated in the attached list of crimes, and did not intend to receive a total of KRW 40,00,000 from the victims, and did not commit an attempted crime.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol on I, J, K, L, M, N,O, and P;
1. Each written statement of Q and R;
1. Details of withdrawal in cash;
1. Records before judgment: Criminal records, etc., inquiry reports and investigation reports (the application of Acts and subordinate statutes);
1. Relevant Article 347(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Special cases concerning the promotion, etc. of compensation orders and a provisional execution sentence;