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(영문) 대구지방법원 포항지원 2018.09.20 2018고단512
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

On February 2, 2006, the Defendant, at a place where it is impossible to identify a place below the Philippines, was allowed to walk a telephone to the victim C to operate the business of transmitting human resources to the national affairs of this Republic.

If funds are invested in this Project, profits shall be paid.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant was in a state in which it was unable to normally send human resources because he had been illegally staying in the Philippines at the time, and there was no substance in the human resources forwarding business mentioned by the Defendant, and thus, there was no intention or ability to reduce the profit to the victim even if he received money from the injured party.

On February 22, 2006, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim under the name of D as investment money; (c) received KRW 10 million from the said account under the same name on March 6, 2006; (d) received cash of KRW 15 million from the Philippines under the same name on March 11, 2006; and (c) received KRW 12 million from the victim to the E account under the same name on April 10, 2006; and (d) acquired KRW 47 million in total from the victim to the E account; and (e) acquired KRW 12 million from the victim under the same name on April 10, 206.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and C;

1. Application of Acts and subordinate statutes on account details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The nature of the crime is not good in light of the contents of the reason for the sentencing and the amount of the deception obtained by deception, etc. under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing).

However, there are favorable circumstances, such as the payment of money equivalent to the victim and the agreement that the female wants the Defendant’s wife, the fact that there is no criminal history except the punishment of a fine by driving without a license in 2001, the fact that the present state of health seems to be not good, and that there seems to be an attitude to recognize and reflect wrong when it comes later in this court.

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