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(영문) 광주지방법원 2017.11.15 2017고단4428
사기
Text

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

Reasons

Punishment of the crime

On December 29, 2010, the Defendant was sentenced to five months of imprisonment for fraud at the Gwangju District Court on May 28, 201, and completed the execution of the sentence at the Gwangju District Court on May 28, 201, and on October 11, 2017, the Defendant was sentenced to imprisonment for one year and six months for fraud, etc., and the said judgment became final and conclusive upon withdrawal of appeal on October 23, 2017.

The defendant and B, from June 2013 to many victims, knew the victims C's children to work in the D's Facility Corporation under the pretext of being employed by the D's facility corporation and acquired money.

According to the above public offering, B made a false statement to the victim C, “I are the secretary of the D head of Gu, and I are the children employed by the D head of the D head of Gu, and there is a difference between 10 million won and 10 million won under the pretext of personnel expenses to employ the children to the D head of the D head of Gu.”

However, the defendant was not a secretary of the head of the Gu, and even if he did not know about the person with the relationship with the D office, he did not think that he would use it as entertainment expenses and living expenses, etc., and he did not have any intention or ability to have his children employed in the D office.

In collusion with B, the Defendant used the victim by deceiving him/her as above, and the Defendant used 6 million won from the damaged person on February 26, 2014, and 4 million won around February 27, 2014 as the job placement expense for employment mediation.

The amount of KRW 10 million was transferred to the Agricultural Cooperative H account in the name of G and acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Detailed statement of transactions of automation machinery;

1. Previous convictions in judgment: The application of statutes to the defendant's legal statements, inquiry into criminal history records, and investigation reports (prior convictions and confirmation of repeated crimes);

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, the reason for sentencing provided for in Article 39 (1) of the same Act;

1. ex post facto.

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