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(영문) 부산지방법원 2015.09.18 2015고단3896
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

. By June 16, 200, a sum of approximately 2,817,00 won was deposited in about 66 times as shown in the annexed crime list by the same method as above.

Accordingly, the defendant was informed of the victims to receive each property.

The defendant is a social work personnel who works in the F of the Busan Traffic Corporation.

The social work personnel shall not leave their service or fail to serve in the field concerned for at least eight days in total without justifiable grounds.

Nevertheless, the Defendant from March 26, 2015 to the point of view.

3. A person who deserts his/her workplace until April 31, 2015;

4. Until June, by leaving the workplace, he left the workplace for a total of eight days or more without justifiable reasons.

Summary of Evidence

[2015 Highest 3896]

1. Defendant's legal statement;

1. Each petition and statement of the victims;

1. Details of conversations, etc. on SNS, electronic financial transfer results, etc., certificates of account transfer, statements of account transfer, details of account transfer, and each CCTV video;

1. Investigation report (the details and analysis of transactions in the new bank account);

1. Defendant's legal statement;

1. In cases of criminal records, personal records, personal records, and previous records indicated in the daily service situation table: The application of statutes governing the current status of personal records, personal records, and personal records;

1. Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 89-2 subparag. 1 of the Military Service Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] and the area of aggravation (one to two years and six months) of category 1 (less than KRW 100 million) of the General Fraud (one to two years and six months) [Special Persons] and the offense of violating the Military Service Act are not subject to sentencing criteria, and therefore only the lower limit of the recommended punishment

[Determination of sentence] The sentence shall be sentenced to imprisonment with prison labor considering the following: (a) the Defendant has six times the criminal history of fraud; (b) the Defendant committed fraud again during the period of repeated crime; (c) the damage caused by the fraudulent crime was not recovered; and (d) the Defendant has no intention of re-service in violation of the Military Service Act.

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