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(영문) 광주지방법원 순천지원 2018.11.09 2018고단1031
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant found the victim D's room in the early 2012 c market in early 2012, and the defendant found the victim's "at present, there is excessive friendship between the members of the National Assembly, including E Council members, and senior executives, to the extent that one of them is employed.

“A false or fraudulent solicitation was received from the injured party’s child for employment.”

In early 2013, the Defendant could get the victim to find employment with the victim's "I, because I participated seriously in an election campaign, I would like to get the E member elected to the President. I would like to get the F of I to find employment with G, H, I, or other companies.

However, the cost of conflict is required.

“Falsely speaking, demanded money in the name of the cost of employment solicitation.”

However, in fact, the defendant did not have any intention or ability to have the children employed by the victim even if he received money from the injured party, such as there is no relationship with the senior members of the National Assembly, in terms of the cost of employment solicitation.

Defendant deceiving the victim as above and received KRW 3 million from the victim on February 10, 2013 to the extent of August 6, 2014, from the time when the victim was delivered on or around February 10, 2013, the Defendant acquired a total of KRW 58,88 million on 13 occasions, such as the list of crimes in the attached Form, in the same manner as the list of crimes, from August 6, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing recording records;

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

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act provides that the reason for sentencing of concurrent crimes is not very good, the damage is not recovered, and the defendant appears to have made efforts to find employment for the victims while paying part of his money to J, and on the other hand, the defendant has no criminal record of imprisonment without prison labor or heavier, the defendant has been living in prison for six months, and the defendant's age, age, and gender are other.

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