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(영문) 광주지방법원 2017.08.31 2017고단3103
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2014, the Defendant, at the “D” restaurant located in Gwangju Mine-gu, Gwangju, employed the victims E as an employee of Samsung C, who is aware of the high person of Samsung C&5 million as the Defendant knew of the high person of Samsung C&D Training Institute.

The phrase “ makes a false statement.”

However, the Defendant did not know of the relationship with Samsung C&S Training Institute and did not make a false statement in order to raise the living cost, so even if receiving money from the injured party, the Defendant did not have any intent or ability to have the victimized children employed.

Around October 30, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 15 million from the victim to the Agricultural Cooperative Account (G) in F’s name; and (c) received KRW 5 million from the said account on February 12, 2015; and (d) obtained KRW 20 million from the said account by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as deposit certificates of passbooks;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [Scope of Recommendation] In the case where [a person subject to special mitigation] reduction area (one month to one year) [a person subject to special mitigation], the amount of damage was not a significant amount, and the amount of damage was fled for a long time after the crime was committed, and the amount already fined for a long time after the crime was committed, and the victim does not want punishment, or the victim does not want to have money for an illegal purpose, and the victim is also liable for the occurrence of damage. The victim is also paying money for an illegal purpose, and the victim is also responsible for the occurrence of damage, and the execution of the sentence is suspended, taking into account favorable circumstances, such as the fact that the defendant committed a crime, committed a mistake, and did not have any criminal record of imprisonment or heavier punishment, and is ordered to undergo protection observation and observation.

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