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(영문) 대구지방법원 서부지원 2014.08.12 2014고단875
사기등
Text

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

On October 25, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Changwon District Court for fraud, and the said judgment became final and conclusive on November 2, 2013.

On November 1, 2012, the Defendant received a request from the victim D(the age of 28) to request the victim to change the victim's identity to the legal stay, at the house of the victim D(the age of 28) located in Si, Changnam-si.

In fact, the Defendant made a false statement to the effect that the Defendant only did not have a person who is aware of the Defendant’s punishment in the Ministry of Justice, but also did not have the intent and ability to change the victim’s status to a legal stay. The Defendant made a false statement to the effect that “If he knows that the punishment is a public official in the immigration control department of the Ministry of Justice, he will change the status to a legal stay.”

As such, the Defendant, by deceiving the victim, received cash cards from the victim under the pretext of teaching expenses, and withdrawn one million won in cash from the cash payment period of a bank in the vicinity. From that time to January 11, 2013, the Defendant was issued KRW 12,10,000,000 in total on seven occasions, as shown in the list of crimes in attached Table, from that time to January 11, 2013.

As a result, the defendant received money and valuables under the pretext of solicitation for affairs handled by public officials at the same time by deceiving the victim and receiving property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copies of each financial transaction;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

1. Article 347 (1) of the Criminal Act applicable to the crime; Article 111 (1) of the Attorney-at-Law Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Feb. 1, 201; 201Do114, Feb.

1. Social service order under the Criminal Act;

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