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(영문) 광주지방법원 순천지원 2016.09.21 2016고단648
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 1, 2013 to December 30, 2015, the Defendant performed the Defendant’s work as LGhem Trade Union B of LGP Co., Ltd.

person is a person.

On March 26, 2015, the Defendant sent a telephone to the victim who had been aware of the activities of the said company from the said company office to the mountain conference activities, and was employed by the Defendant.

At the time of finding employment, a false statement was made to the personnel-related persons in the company by sending boomed money under the pretext of school expenses.

However, even if the defendant received money from the victim, he did not have the intention or ability to find employment with the victim's children in the ELm chemical.

The Defendant received KRW 20,000,000 from the injured party on March 26, 2015, and KRW 30,000,000 on August 8, 204 of the same year from the injured party to the Japanese bank (Account Number C) under the name of the Defendant.

In this respect, the defendant deceivings the victim to acquire financial benefits.

Summary of Evidence

Application of photographic Acts and subordinate statutes to the defendant's legal statement D of the police's statement

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;

2. In order to arrange employment for the reasons of sentencing under Article 62(1) of the Criminal Act, it is not good to commit a crime for which only KRW 60,000 has been paid from the injured party for the reason of sentencing.

However, the fact that the defendant reflects the defendant's wrong, the defendant's obligation at the time when he requested employment from the injured party seems to have been prevented from committing the crime, the defendant fully pays damages to the injured party and agreed that the injured party does not want the punishment of the defendant, and the fact that the defendant is the first offender is the sentencing factor that is favorable to the defendant.

Other punishment shall be determined in consideration of the sentencing conditions, such as the defendant's age, sex, environment, circumstances before and after the crime, economic conditions, etc.

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