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(영문) 광주지방법원 해남지원 2016.01.07 2015고단499
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2011, the defendant called the victim B to get employed as a modern automobile by asking the friendly Gu to the son B.

on behalf of the customer, the principal shall send money

D. The phrase “G.” made a false statement.

However, the defendant did not have the intention or ability to find employment for the victim's children in the above company.

On December 12, 201, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim to the Agricultural Cooperative Account (C) under the name of the Defendant for the personnel expenses for employment; (c) received KRW 25 million from the Defendant’s agricultural bank account (D) around June 21, 2012; and (c) acquired KRW 25 million in total from the Defendant’s agricultural bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of the Acts and subordinate statutes to the Agricultural Cooperatives (C) and the Agricultural Cooperatives (D) reply to financial information;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Where the victim has a considerable responsibility for the occurrence of a crime or the expansion of damage to a victim in the mitigated area (one month to one year) of Class 1 (the amount of a recommended punishment less than 100 million won) of the general fraud;

2. The fact that the defendant who was sentenced to a sentence is not a considerable amount of money obtained by deception, and that he did not receive a letter from the injured party is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the victim paid the above money to the defendant under the pretext of the defendant's improper solicitation for employment, the victim is also responsible for the occurrence of damages, the fact that the defendant is against the defendant and has no record of the same kind of crime, and other factors of sentencing revealed in the course of the trial of this case, the sentence shall be determined like

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