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(영문) 광주지방법원 2016.09.28 2016고단3219
사기
Text

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

Reasons

Punishment of the crime

The Defendant, around September 10, 2015, in the “AZ restaurant operated by the victim AY in Dong-gu, Dong-gu, 2015,” “AZ restaurant is aware of the general business of the O company,” and 25 million won is employed by the O company as an O company’s office worker through the O company’s regular business.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to allow the victims to find employment in the O company through the regular management of the O company.

As above, the Defendant: (a) by deceiving the victim on September 14, 2015; (b) delivered a total of KRW 10 million on his own check on September 14, 2015; (c) transferred KRW 5 million to the Agricultural Cooperative Account in the name of the Defendant AH, the Defendant’s AH on September 22, 2015; and (d) transferred KRW 5 million to the Gwangju Bank Account in the name of the Defendant on October 29, 2015 and on November 5, 2015, respectively.

Accordingly, the defendant deceivings the victim and acquired the victim's total sum of KRW 25 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against AY;

1. Application of Acts and subordinate statutes to data submitted by the complainant (the details of banking transactions and a copy of a check before oneself);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

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) (decision in the sphere of recommendation] (decision in the sphere of recommendation] from 6 months to 1 year and 6 months;

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the circumstances described below eight months in the imprisonment, and the age, sex, environment, circumstances of the crime, and circumstances after the crime.

Unfavorable circumstances: To have the victims employed without any intention or ability to be employed;

It is not very good that the crime of deceiving 25 million won is committed.

The defendant has already been punished several times for a fraudulent crime.

The injured party is gathering as a part-time part-time by children of the injured party for several years.

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