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(영문) 광주지방법원 순천지원 2016.05.18 2016고단82
사기
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 February 10, 2012, the Defendant made a false statement to the victim D, stating that “Around February 10, 2012, the Defendant would leave the victim’s children to G by requesting to the KG H president, who is well aware of the KH president, and KRW 30 million,00,000,000,000,000,000,000,000.”

However, even if the injured party receives 30 million won from the injured party, the injured party did not have the intention or ability to find employment for the above company.

The defendant was given 30 million won to the single bank account in the name of the defendant's spouse, under the pretext of school expenses on the same day from the injured party.

On August 23, 2012, the Defendant continued to resist why the above victim did not get the Defendant to find employment by telephone, and the Defendant “I would promptly have the Defendant work from the president of the GHH.”

A false statement stating that it is insufficient to obtain confirmation at the same time, and that it is necessary to conduct more personnel affairs, and that it was issued 30 million won to the national bank account in the above I name on the same day from the injured party.

Around November 6, 2012, the Defendant made a false statement to the above victim, stating that “Finally, as the Defendant became final and conclusive, would give employment by immediate hiring at the face of 10 million won,” and received delivery from the victim to the account in the above I’s name on the same day on the same day.

As a result, the defendant deceivings the victim and received 70 million won over three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or J;

1. Application of Acts and subordinate statutes to each investigation report (report on the results of account tracking, confirmation of the user of the acquired amount, and confirmation of family relations);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

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

1. The grounds for sentencing under Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation [the scope of punishment recommended] general fraud (one hundred million won).

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