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(영문) 춘천지방법원 영월지원 2014.03.28 2014고단10
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 207, 2007, the Defendant, “B” and the victim C are in fluent relationship with the chief of the headquarters of Driet (the present Eriart; hereinafter “Eriart”) and the key assignment personnel, and the head of the Taeluri Self-Governing Department, etc., and the Eriart project was proposed and made, and the Eriart project was launched. On the job of Eriart, B is well fluent, and C is well fluent. C is supported by the head of the personnel division, and C is supported by the head of the personnel division. When applying for the examination, it is necessary to take internal measures.”

However, in fact, the defendant did not have the intention or ability to have victims employed in Egypt.

On November 2007, the Defendant: (a) informed the victims; (b) received KRW 3 million in cash, which is owned by C, for job placement expenses, from B, within the vehicle of B parked in front of the community credit cooperative located in Yellowdong, in the middle of the 2007, for the purpose of job placement expenses; and (c) received KRW 2 million in cash, from B, during the mid of February 2008 and during the mid of May 2008, as the Defendant received KRW 7 million in total from the victims for job placement expenses (victim C, KRW 3 million, and KRW 4 million).

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C and B to the Act

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the facts constituting an offense (as a whole, frauds against B shall be punished by imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in a crime of fraud against B, the more severe punishment);

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order is to actively induce victims to acquire money by deceit.

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