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(영문) 수원지방법원 2017.01.12 2016고단6804
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

On October 2014, the Defendant was aware of the denial of the president at the publicity team of the hospital E E in Suwon-si, Suwon-si, that it works for the victim D at the mutual infinite coffee shop located in Suwon-si, Suwon-si.

There was a false statement to the effect that “The local attorney’s fees are paid to theme to arrange employment as an optician.”

However, the victim did not have the intention or ability to find employment in the above hospital.

The Defendant, as above, received KRW 410,00 from the injured party, a remittance of KRW 410,00 from the injured party on October 31, 2014 to the Agricultural Cooperative Account (Account NumberF) under the name of the Defendant, and received delivery, etc. from the injured party, until June 22, 2016, he received KRW 23,818,40 in total, 17 times from the injured party, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, H, I, J, and K;

1. A written statements on the preparation of L;

1. Results of the transfer management, including inquiries into tax issues, copies of remittance receipts, data on financial transactions, details of each financial transaction, and details of each financial transaction;

1. Application of Acts and subordinate statutes on a copy of the bankbook transaction;

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

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant again went to commit the instant crime even though he had been punished two times by a fine due to the same kind of crime. In light of the method of the crime, the number of victims, and the amount of fraud, etc., the nature of the crime is poor.

In addition, the fact that the defendant did not agree with the victims until now is disadvantageous to the defendant.

However, the defendant's mistake is recognized and reflected, and about 10,00 won is returned out of the total amount of damage, etc. In addition, all kinds of sentencing conditions are shown in the defendant's age, sex, health status, family relation, etc. and changes.

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