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(영문) 수원지방법원 평택지원 2016.01.07 2015고단1685
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Recognizing the fact that the Defendants paid benefits to water treatment workers with subsidies in the name of “operating expenses for community rehabilitation facilities for persons with disabilities” from victims Pyeongtaek-si, the Defendants stated Defendant B as physical treatment workers at “E Center” located under the head of the Center, and wished to receive benefits from Pyeongtaek-si’s office to distribute them to Defendant B’s account, and Defendant A falsely listed Defendant B as physical treatment workers at the above center from October 16, 2006 to December 31, 2009.

However, the Defendants had the intent to receive subsidies by reciting the physical therapy as above, such as falsity, and Defendant B had no intention to work as a physical therapy of the above center.

From November 29, 2006 to December 31, 2009, the Defendants acquired the total amount of KRW 57,719,944 from 48 times as shown in the daily list of crimes in the attached Table of crime from the damaged person to the account under the name of Defendant B by transfer.

Summary of Evidence

1. Defendants’ respective legal statements

1. The statement made by each police officer in F (2) and G;

1. Application of Acts and subordinate statutes on a copy of B curriculum vitae and a copy of work certificate;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] The basic area (from June to June) of Article 62(1) of the Act on the Suspension of Execution [the sentence] [the decision of sentence] / The defendants seems to have never been practically significant in the personal benefits derived from the crime of this case; the defendants attempted to return the amount of fraud of this case to the victims; the defendants did not have any criminal record; the defendants did not have any criminal record; the defendants did not have any criminal record; the circumstances leading up to the crime of this case; the defendants' contribution to the society, age, sexual conduct, etc.; and the defendants B shall take into account the following circumstances.

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