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(영문) 수원지방법원 안양지원 2014.02.05 2013고단1317
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who was employed as a member in Korea Cadastral Corporation Headquarters D from the Eunpyeong-gun branch office of the Korea Cadastral Corporation.

On July 7, 2011, the Defendant plans to extract class 7 suspension from the Korea Cadastral Survey Corporation around October 201 to the victim E by telephone at the beginning of the first police station in order to select class 7 suspension from the special bonds.

In the face of 50 million won, it is intended to identify and notify the problem of the written examination in advance through the business director, vice president, etc. of the Gyeonggi-do headquarters.

First of all, a false statement was made to the effect that the passing of 30 million won and 20 million won is changed.

However, the Korea Intellectual Property Corporation did not have a plan to select employees with special bonds around October 201, and even if the defendant received money from the victim, the defendant did not have the intention or ability to pass the special bond examination of the Korea Intellectual Property Corporation for the victim by informing the victim of the problem of written examination in advance, and there was no intention or ability to return the money that the victim received when the victim did not pass the examination in excess of his/her obligation.

Around July 6, 2011, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the agricultural bank account under the name of the Defendant, and acquired KRW 60 million from the victim in total four times from that time to April 28, 2012, as indicated in the crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Imprisonment with prison labor chosen;

1. From among concurrent crimes, a sentence shall be imposed to the defendant, considering all favorable circumstances, such as the confession of the crime for sentencing reasons under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act, the fact that there is no record of criminal punishment, and the fact that the defendant can face difficulties in living of two children who are minors, if detained, even if all such favorable circumstances are considered.

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