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(영문) 부산지방법원 2018.05.08 2018고단1165
사기
Text

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

Reasons

Punishment of the crime

[Criminal record] On August 7, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and completed the execution of the above sentence on July 20, 2015.

[Criminal facts]

1. On July 18, 2017, the criminal defendant against the victim C may allow the victim to find employment in the traffic union at the E-cafeteria located in Busan High-gu, Busan High-gu, for the victim’s “The inside of the city is well aware of the head of the traffic union branch in Busan High-gu, so that he/she talks with the head of the traffic union.”

The entertainment cost is considered to be necessary.

However, in fact, the defendant did not know the head of the port union and did not have the intention or ability to find the victim find employment in the port union.

Ultimately, around July 26, 2017, the Defendant received 600,000 won as entertainment expenses through the Saemaul Treasury account in the name of F from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 26, 2017, the Defendant against the victim G calls to the victim at the F’s residence located in the Busan High-ro H No. 101, Busan High-ro, Busan High-style, for employment of at least 7,000 annual salary.

The phrase “as you need to contact for the employment of the children, 3 million won should be changed.”

However, the defendant did not know the head of the port union and did not have the intention or ability to find the victim's children in the port union.

Ultimately, the Defendant received from the injured party the transfer of KRW 3 million in total, including KRW 1 million on October 26, 2017 and KRW 2 million on October 27, 2017, as entertainment expenses through the line account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Details of banking transactions;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an inquiry report, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of criminal facts (a punishment by imprisonment);

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