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(영문) 대구지방법원 안동지원 2020.02.18 2019고단614
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around September 2013, the Defendant stated that “In order to work, the Defendant would have made money in favor of the people of the company in favor of their request” when the Defendant was informed of the fact that the Defendant was the husband of the Working Group D, the husband of the Defendant, and received the victim’s request for employment from the victim F.”

However, in fact, the defendant did not have received a demand from D, the husband of the defendant, to use the money received from the victim for living expenses, etc. regardless of the purpose of employment solicitation, and therefore did not intend to use the money received from the victim as the cost of employment solicitation.

After deceiving the victim as above, the suspect obtained a total of KRW 26 million from December 26, 2013 to January 2014 from the victim and acquired the victim by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the police statement, recording record, to F;

1. The Defendant, on the grounds of sentencing under Article 347(1) of the Criminal Act of the relevant criminal facts, acquired a large amount of money from the victim on several occasions under the pretext of soliciting employment.

It is not only a high possibility of social criticism, but also a high quality of crime such as abuse of a victim's imminent mind to help children find a job.

It has not been completely recovered from damage for a long time.

It is inevitable to sentence sentence corresponding to the nature and responsibility of the crime in light of the circumstances of such crime, the content of deception and the amount of fraud.

On the other hand, the defendant recognized his mistake and is in profoundly against himself.

There was no significant penalty power before.

No victim who has made an illegal solicitation may be deemed to have no error.

In addition, the defendant's age, character and conduct, family environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc. shall be determined as the disposition.

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