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(영문) 대구지방법원 안동지원 2016.02.12 2015고단705
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 18, 2014, at a restaurant in which it is impossible to know the trade name located in the building of the Gyeonggi-do, Leecheon-si, Gyeonggi-do, the Defendant changed the test expenses to grant the victim D the employment of two children to the LG Group by special bond. The Defendant’s entry into a special bond must not be allowed.

“The phrase “ was false.”

However, the defendant did not have any relation with the chairperson of the LG Group or the LG Group, and there was no intention or ability to find the victims' children in the LG Group.

Nevertheless, on August 1, 2014, the Defendant received money or property equivalent to KRW 3130 million in total over 25 times from the victim, such as the list of crimes, from around that time to February 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes, such as details of transactions of self-reliance deposits, F payment guide books, and written confirmation of transfer withdrawals;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The basic area (one to four years) of the first crime [the scope of the recommended punishment] the second type of general fraud (at least KRW 100 million, but less than KRW 500 million) (one to four years) (no person subject to special sentencing);

2. Class 2 of the Act on the Second Crimes [Scope of Recommendation] General Fraud (at least KRW 100,000, but less than KRW 500,00) basic area (at least one year to four years), / None of special sentencing factors

3. Type 2 (at least KRW 10,00, less than KRW 500,00) basic area (one year to four years) (no person subject to special sentencing) of the Class 3 general fraud.

4. The scope of final sentence due to the aggravation of multiple offenses: one year to seven years.

5. [Decision of Sentence] The Defendant, by deceiving a victim who is difficult to be able to be able to be under circumstances, acquired a large amount of money exceeding KRW 300 million, and the Defendant, from the time when he was investigated by the police, sells

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