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(영문) 광주지방법원 2016.01.13 2015고단4597
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

The defendant, around December 201, will employ one male and one female as regular staff in D located in Seo-gu in Gwangju, Seo-gu, Gwangju, as a job placement service, to E, who is well aware of the circumstances.

“.” The above E sent this end to the victim H (n, 53 years old) as it is.

However, even if the defendant receives money, he did not have the intention or ability to employ another person in the hospital.

The Defendant, as above, by deceiving the victim and receiving cash from the victim E, received cash of KRW 15 million on January 4, 2012, cash of KRW 15 million on February 3, 2012, KRW 15 million on cash, KRW 10 million on April 5, 2012, and KRW 40 million on cash and KRW 40 million on April 5, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police interrogation protocol concerning E;

1. Application of the law to the statement made to H in the police statement protocol (including F's statement part)

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of Type 1 (less than KRW 100,00) [the determination of the sphere of recommendation] [the scope of the recommended punishment] from 6 months to 1 year and 6 months;

2. Whether to add a stay of execution or not - Major reasons for consideration: negative agreements - Reasons for general consideration: There is no criminal record of a stay of execution or more.

3. Six months of imprisonment with prison labor for a sentence;

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