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(영문) 수원지방법원 2013.08.28 2013고단2240
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On April 19, 201, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Suwon District Court Sejong District Court on April 19, 201, and the said judgment was finalized on April 27, 201, and on July 21, 201, the Defendant was sentenced to one year of suspension of the execution on July 29, 201, to three months of imprisonment with prison labor for a crime of fraud, and the said judgment was finalized on July 29, 201.

【Criminal Facts】

On May 2010, the Defendant sent a phone call to the victim D to find employment as a regular staff member of the military unit in Pyeongtaek-si. In order to find employment, the Defendant made a false statement that “The Defendant changed 20 million won as it is necessary to pay street funds to get hired.”

However, even if the victim receives the funds from the victim, the complainant did not have the intention or ability to employ the complainant as a regular military personnel.

On May 27, 2010, the Defendant, by deceiving the victim as such, received 20 million won from the victim to the national bank account in the name of the Defendant under the name of the Defendant for the purpose of employment rain funds.

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. Details of passbook transactions;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports;

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

1. In full view of the reasons for sentencing of the crime of this case, the circumstances of the crime of this case, the circumstances after the crime, the amount of fraud, the number of damages not recovered, and the fact that the equity with the case should be considered at the same time as the judgment of the crime of this case and the judgment of this case at the same time as the judgment of each crime of this case becomes final and conclusive.

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