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(영문) 광주지방법원 2015.08.12 2015고정411
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 25, 2011, the Defendant made a false statement to the victim C, stating, “The Defendant would have the victim take a job at a cafeteria next to that of Gwangju Dong-gu, Gwangju, as the case may be.”

However, the defendant did not have the intent or ability to find employment of the victim's children in the above company, and the defendant was transferred three million won from the victim's seat to the Agricultural Cooperative Account in the name of D (Account Number: E) in the name of personnel expenses.

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

2. On October 27, 2011, the Defendant made a false statement to the victim F in a restaurant next to the Dong-gu in Gwangju-gu, Gwangju-gu, stating, “The Defendant would have the victim F be employed in a car in the prime city of 6 million won.”

However, the defendant did not have the intent or ability to find the victim's fraudulent act in the above company, and the defendant was transferred one million won from the victim's seat to the Agricultural Cooperative Account in the name of fixed and nominal name (Account Number: G) in the name of personnel expenses.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and C;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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