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(영문) 춘천지방법원 속초지원 2013.11.27 2013고단310
사기
Text

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

Reasons

Punishment of the crime

From October 22, 2007, the Defendant served as the head of the military industry security team of the C&C company from around October 22, 2007, and retired from the recommendation around August 31, 2011.

On November 2010, the Defendant continued to enter the E restaurant located in Gunsan-si D, Sinsan-si, and demanded the Victim F to receive money from the victim F as C in return for a cash of KRW 30,00,000,000 to the head of the C military production factory. There is no way to raise money. There is no one. There is no one to receive money from the head of the C military production factory. They will enter the factory for a prompt period of six months and at least one year and six months at the latest. Domestic wifes are going to leave the military production and have two apartments.” On December 2010, the Defendant continued to demand money from the victim, through G, the birth of the victim, who is the mother of the victim, on December 1, 2010.

However, in fact, under the cumulative circumstances, such as delinquency in payment of credit card payment, etc. at the time of credit card payment, there was only intent to consume the entire amount of money received from the victim as personal debt repayment and living expenses, etc., and there was no intention or ability to accept the victim's children by delivering it in solicitation to the factory, etc., and there was no intention or ability to return the money received even if employment arrangement was not sexually lost

On December 24, 2010, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the Defendant’s account in terms of job placement expenses.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) recognizes and reflects the defendant's reason for sentencing choice of imprisonment with prison labor, and the fact that the defendant has no previous conviction or more is more favorable, but in light of the circumstances, method and amount of damage of the crime of this case, the nature of the crime is considerably poor, and the defendant is a same crime

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