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(영문) 광주지방법원 2016.12.16 2016고단4928
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 16, 2015, around 15:00, the Defendant called “D” to the victim E in the vicinity of “D” located in Gwangju Mine-gu, Gwangju, stating that “When there exists any idea, it would be known that the victim would have entered the vehicle.” On January 18, 2015, the Defendant continued to call the phone to the victim, “I would allow B to enter the vehicle with money, so I would like to prepare the resume.”

However, in fact, the defendant did not know about the person related to the motor vehicle of a baby, and even if he received money from the victim as the expenses for employment solicitation, he did not have the intention or ability to employ the victim in the motor vehicle.

Nevertheless, around January 19, 2015, the Defendant received KRW 50 million from the victim’s financial account (Account Number F) under the name of the Defendant, as the expenses for employment solicitation.

Accordingly, the defendant deceivings the victim, and acquired 50 million won from the victim, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the second protocol of examination of suspect to the defendant by the prosecution;

1. Statement made by the police on the victim;

1. Application of the statutes entered in the copy of passbook of the Gwangju Bank;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the background and method of sentencing under Article 62-2 of the Social Service Order Criminal Act, the nature of the crime is very poor.

The defendant is also subject to criticism after committing the crime, such as deceiving the police by using G and avoiding communication with the police.

However, the defendant has only been sentenced to a fine of one time, and the defendant has recovered from damage and has agreed with the victim.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

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