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(영문) 대구지방법원 포항지원 2016.09.07 2016고단858
사기
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for a special injury at the Seosan Branch of the Daejeon District Court for the crime of injury, and the judgment became final and conclusive on June 29, 2016.

【Criminal Facts】

1. Around July 5, 2011, the Defendant promised that the victim F should be employed at the E coffee specialty store located in J in Jinjin-si, and that, at the same time, the Hyundai Steel Co., Ltd. offered employment to the victim F, the Defendant demanded to change the amount of KRW 30 million per hour, and the remainder of KRW 15 million will be dismissed after four entry. 30 million will be given to the vice head.

However, in fact, the defendant did not have the intent or ability to find employment in the modern file, and was thought to use the money received from the victim for personal purposes, such as gambling funds.

As such, the Defendant, by deceiving the victim, received 15 million won in cash on the same day from the victim and acquired it by deception.

2. On August 12, 2011, the Defendant stated that “all of the above victims were sexually dead, and if the vice head participated in the job of joining another executive officer, then 15 million won should be added. In the first place, 15 million won should be changed, and if the vice head participated in the job of joining another executive officer, 15 million won should be changed, and 10 million won should be first given the first promise from the other party, and if so, 10 million won should not be imposed.”

However, as described in Paragraph 1, the Defendant did not have the intent or ability to find the victim in the modern file, and the money received from the victim was thought to be used for personal purposes.

As such, the Defendant, by deceiving the victim, received 15 million won in cash on the same day from the victim and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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