(영문) 광주지방법원 목포지원 2016.11.11 2015고단427

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(영문) 광주지방법원 목포지원 2016.11.11 2015고단427

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 20, 2012, the Defendant made a false statement to the victim D, stating that “When he/she is expected to move into a subordinate company of the main ship manufacturing company of E, the main ship manufacturing company of E, who is his/her representative, is expected to move into a subordinate company of the main ship manufacturing company, he/she shall deposit KRW 30 million with the victim. The Defendant deposits KRW 30 million with the main house of the State, and makes a half of the proceeds.”

However, even if the defendant received money from the victim, he did not think that he will deposit money with the victim or with the (or (or) deposit money with the victim, and he thought that he would be employed as the wages of the full company's employees.

The Defendant, by deceiving the victim as such, was transferred from the victim to the F Enterprise Bank Account (G) designated by the Defendant as the deposit money on or after the 28th of the same month.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on passbooks and slips;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Application of the sentencing criteria [Determination of type] of general fraud (less than KRW 100,00) [Determination of the recommended field] basic area [Scope of recommendations] Imprisonment with prison labor for six months from six months to one year and six months [general person] - Reduction elements: Serious radius;

2. Determination of sentence: (a) recognition of and reflects the instant crime; (b) there is no record of punishment for the same kind of crime; and (c) deposit of KRW 10 million for the victim during the proceeding of the instant trial; and

On the other hand, even if the above deposit is excluded, the amount of damage has reached KRW 20 million and has not been used by the victim until now, and the escape has been avoided due punishment.

In addition to the above sentencing grounds, the defendant's age, character and conduct, family relation, environment, and crime.

참조조문

-형법 제347조 제1항

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