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(영문) 대구지방법원 2013.06.28 2013고단1834
사기
Text

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

Reasons

Criminal facts

The Defendant is a person who was working in D in Daegu-gun C from March 1, 1996 to October 1, 2012.

On September 201, the Defendant told the victim F and G to the effect that “When entering the company in which he works, each of the 25 million won is required, the Defendant would be able to find employment by making the job available to the company with the subject-matter of the money.”

However, even if the defendant received money from the victims as the job placement expenses, he thought that the victims did not have any intention or ability to find employment in the above company, and that the victims received money from the victims as the cost of purchasing sports earth and sand.

Nevertheless, the Defendant, by deceiving the victims as such, got transferred KRW 30 million from the victim G to the post office account in the name of the Defendant on October 20, 201 and November 24, 201, on the pretext of job placement expenses, through two occasions on November 24, 201, and 20 million from the victim F to the post office account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer in H, F, and G;

1. Application of Acts and subordinate statutes to investigation reports (attached to trade statements of post office accounts in suspect's name);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of the concurrent offenders, the crime of this case for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not good to form a crime by obtaining money from the victims by deceptioning a job referral, and there is no recovery of considerable damage, and uses the money to purchase a sports soil or to repay bonds with the money acquired by the defendant. In full view of the various circumstances, including the motive, means, and result of the crime of this case, the defendant's age, environment, family relationship, and circumstances after the crime, the defendant's mistake is recognized, and the victims are 17 million won.

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