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(영문) 대전지방법원 서산지원 2020.01.16 2019고단87
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around July 2017, the Defendant stated that “I will have children employed in a large enterprise and will be given to the large enterprise. I first find employment in a small enterprise and later move to the large enterprise. I want to do so, the victim’s child upon request from the branch C and upon request from the branch C, and the victim’s child was employed by D, the Defendant stated that “I must give money to the customer and require money to be employed by the large enterprise,” and that “I need to do so.”

However, C received upon the request of the defendant did not have the fact that it was requested by the defendant for employment of the victims and did not have the ability to find employment of the victims to the large enterprises, and even if the victims received money from the victims, the defendant did not have the intention or ability to deliver it to C or to find employment of the victims to the large enterprises.

As above, the defendant deceivings the victim and uses it from the victim to the Agricultural Cooperative (F) account in the name of E used by the defendant, KRW 3 million around July 18, 2017, and the same year.

7.24.24.20 million won around the same year,

8. 24. 20 million won received each payment and acquired a total of 43 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning B;

1. A complaint;

1. A statement of account transfer;

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

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Reduction elements of types 1 (less than KRW 100,00): General fraud (less than KRW 100,00) and reduction factors according to the application of sentencing guidelines: Where considerable damage has been recovered (the area of recommendation and the scope of recommendation), reduction area, reduction area, imprisonment with labor for one month or year;

2. An unfavorable circumstance and the defendant's mistake, such as the fact that the amount of fraud of this case, which was determined to be sentenced, is not a certain amount of KRW 43 million, the nature of the crime is not good in light of the methods and patterns of the crime, and the fact that it was not agreed with the victim.

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