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(영문) 광주지방법원 2016.05.12 2014고단3145
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2007, the Defendant would offer victims C with “a professor who is well aware of inside and outside the United States and the Republic of Korea,” to introduce the professor.

In addition, it is expected to place the Guro Fund in the hospital located in the United States and offer it to the hospital.

“........”

However, even if the victim received money from the injured party, there was no intention or ability to find employment in the hospital located in the United States.

Nevertheless, on July 13, 2007, the Defendant received KRW 90,000 from the injured party through D’s account to receive KRW 18,280,00 in total from November 15, 2007, including transfer of KRW 18,280,00 from the injured party for employment of the American hospital.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the third public trial protocol;

1. Statement made by C by the witness in the fourth public trial protocol;

1. A copy of the loan certificate and the statement of the entry and exit of passbook (transaction) [the defendant and defense counsel claim that the defendant merely received money from the injured party in return for an indecent act or borrowed money from the injured party, and that he did not receive money under the pretext of being employed in a hospital in the United States.

However, in light of the consistent statement of the victim's investigative agency and this court and the statement of E to the effect corresponding thereto, it is recognized that the defendant obtained money from the victim under the pretext of seeking to find employment in a hospital in the United States as stated in its reasoning and obtained it by fraud.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. The sentencing guidelines shall be recommended;

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