Text
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 2015, the defendant supported the victim C with the special recruitment screening of the Korea Coast Guard, but fell from the interview. Accordingly, the defendant knew of the fact that the victim's children were able to receive a request from the persons related to the Korea Coast Guard to pass the special recruitment screening, and promised to the effect that the defendant would make efforts to do so.
After that, on August 20, 2015, the defendant, by posting a phone to the victim, can not go to the Incheon Coast Guard Office because he or she entered the Incheon Coast Guard Office, and even if he or she is able to go to the head of the Dong.
A false statement was made that “if there is surplus money, it would be paid in advance.”
However, even if the defendant received money from the injured party, he thought that it will be used for personal debt repayment or living expenses, etc., and he did not have the intent or ability to pass the special employment screening for the victim's children against the persons related to the Korea Coast Guard.
The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim to the bank account of the D name used by the Defendant on the same day, and received KRW 19 million in total on four occasions from November 18, 2015, as indicated in the list of crimes in the attached Table, from November 18, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A record of the investigation report (to hear statements from witnesses E) and recording;
1. A criminal investigation report (a public notice of employment of police officers in 2015 shall be attached), public notice of employment;
1. Detailed statements of each transaction and the details of entry and withdrawal transactions of passbooks; the application of Acts and subordinate statutes governing deposit transaction records;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, sexual conduct, environment, means and result of the crime, the circumstances after the crime, the two instances after the crime, and other various sentencing conditions shown in the argument of the instant case.