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(영문) 창원지방법원 마산지원 2014.12.23 2014고단203
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 18, 2010, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Changwon District Court on November 18, 201, and the above judgment became final and conclusive on November 26, 2010.

Around May 209, the Defendant stated that, at the victim C’s house located in Sinsan-si B, Changwon-si, Masan-si, the Defendant “I would have been employed in the modern automobile manufacturing position by giving money to the Chairperson of the Hyundai Automobile Labor Union, who is well aware of the chairperson of the Hyundai Automobile Labor Union. There is no problem in finding employment, and by giving money to the Chairperson of the Hyundai Automobile Labor Union, I would have been employed in the modern automobile.”

However, in fact, the defendant was planned to use the money received from the victim as personal living expenses, and there was no intention or ability to get the victim to find employment in the modern automobile industry.

Nevertheless, the Defendant, as seen above, received KRW 10,000,000 as entertainment expenses from the time of deceiving the victim and then received KRW 23,00,000 from the time to July 29, 2010 in total three times as entertainment expenses, such as the statement in the list of crimes, from the time to July 29, 2010.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

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

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

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