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(영문) 광주지방법원 2018.12.13 2017고단5846
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, as a de facto operator of the B Cooperatives that provides human resources to rural communities, does not have the intent or ability to employ the victim D through C’s officers or labor union-related persons,

1. On September 2, 2014, a cooperative located in the Gwangju Mine-gu E University calls the victim and calls the victim to find employment in C.

C The regular director of the headquarters is issued as the Gwangju factory.

The phrase “one million won shall be deposited in the form of money before the prosecution,” and that is so false that it shall receive five million won from the injured person to the Agricultural Cooperative Account in the name of the F representative of the cooperative, and shall obtain by fraud the money from the injured person;

2. The victim’s phone at the same place on September 26, 2014 is the day at the end of November, 2014.

C Deposit of 20 million won is required to pay money to the side of the union.

‘Falsely speaking, it received KRW 20 million from the injured party to the same account, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transactions of passbooks;

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 grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] Article 1 type (100 million won or less) of the Act on the Aggravated Punishment [the victim] [the victim] also has a considerable responsibility for the occurrence of a crime or the expansion of damage [the decision of sentencing] and the following circumstances and the defendant's age, sex, environment, family relationship, motive and consequence of a crime, circumstances after a crime, etc., and the sentencing conditions specified in the argument of this case shall be determined as the Disposition.

The favorable circumstances: The confession from the investigation stage, and the mistake is divided.

It is a crime committed in favor of the victim's behavior seeking employment by non-legal means.

Conditions unfavorable to a cooperative: the above cooperative.

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