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(영문) 서울북부지방법원 2017.09.15 2017고단106
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on the first floor of the Guro-gu Seoul Metropolitan Government building C in early December 2012, 2012, referred to the employment issue of E, the victim D, who is a child of the victim D, and the Defendant is a child of the modern iron F, and will provide E with employment.

Then, the F made a false statement to the effect that “The F will provide the necessary money when conducting personnel affairs.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to make a request for employment of E.

Nevertheless, on December 28, 2012, the Defendant received KRW 2 million from the injured party to the company bank G account in the name of the Defendant, and KRW 15 million from the name of the F on February 15, 2013, respectively, under the pretext that the Defendant was engaged in F on the job of drinking up on December 28, 2012, and was transferred to F on February 15, 2013, respectively.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Entry of each part of the protocol of examination of the suspect in the prosecution and the police against the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (hereinafter referred to as the call of a person in charge of modern steel), investigative report ( listening to statements by a suspect and a person in monetary transactions), investigation report (referring to a new bank of the person under investigation, the circumstance and result of confirmation of the account of the Korean

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. It is recognized that the injured party received total of KRW 17 million from the injured party's assertion, but at the time, the injured party paid KRW 2 million out of the above money to the Hyundai SteelF and the defendant, who is the same as the same as the defendant, attending the alumni conference to use it, and paid KRW 15 million as the cost of opening the alumni so as to assist the defendant in utilizing his will, and there was no fact that the injured party received money in the pretext of employment solicitation.

2. The judgment of this Court has been duly adopted and examined by this Court.

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