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(영문) 창원지방법원 2015.07.07 2015고단634
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to four months of imprisonment for a crime of fraud at the Changwon District Court on December 9, 2014 and the said judgment became final and conclusive on June 15, 2015.

The defendant became aware of the victim D through Da, which is a high flag C, and the victim's flaged by the victim's flag was employed by the president of the Gyeongnam-do Senior Citizens' Association by maintaining the latitude. The E Party Strategic Planning Headquarters was conducting an election campaign with the president of the F candidate as the vice-chairperson, and the defendant has much been flaged by flaging flaging with the people who are in the government's critical position.

On November 2012, the Defendant heard from the victim’s H first floor coffee shop located in Seocho-gu Seoul Metropolitan Government, and made a false statement to the effect that “I, who served as the Director General of the Korea Post, is well aware of the president of the overall personnel affairs of Korea Post, would have him/her be employed as a public official of Grade VII in the post office, such as a disabled person or a person of distinguished service.”

However, in fact, the defendant did not have any authority to receive money from the victim, and there was no intention or ability to get the victim to work for the victim.

Nevertheless, on February 26, 2013, the Defendant, by deceiving the victim as above, received five million won from the victim to the Agricultural Cooperative Account under the name of the Defendant, and acquired it through deception for employment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to J and K;

1. To report on investigation (to forward details of suspect transactions to list);

1. Inquiry reports on criminal records, etc., pre-dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to criminal records, etc.;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act to provide community service order;

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