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(영문) 부산지방법원 2016.11.24 2016고단3885
사기
Text

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

When the defendant was aware that the victim E was employed by the victim's children through the defendant's pro-friendly D while the defendant was suffering from severe economic difficulties due to the defendant's agency business, the defendant received the money from the victim as a job placement fee for the defendant's pre-existing debt repayment, etc.

On January 22, 2010, the Defendant made the victim’s G parking lot located in F of the Busan Annual Organization that “The victim would be employed by the child as a member of the Compensation Heavy Industries Suspension Service, and the amount of KRW 4-50 million is required due to the teaching expenses for job placement, etc.” to the victim’s false statement.

However, in fact, the defendant did not receive any money from his/her branch, and did not receive any monthly income. The defendant was thought to use the money received from the victim as his/her personal debt repayment and living expenses. Since the defendant did not have any specific plan to have the victims employed his/her children, even if he/she received the money from the victim as a job placement expenses, there was no intention or ability to have the victims employed his/her children in the treatment Heavy industry.

The Defendant received KRW 30 million from the victim to the post office account in the name of H on the same day under the pretext of job placement expenses, and had the above D receive KRW 20 million around February 2010.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the parts of D and H substitutes);

1. A protocol concerning suspect examination of D;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes on deposit certificates;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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