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(영문) 대구지방법원 경주지원 2017.08.30 2017고단312
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2015, the Defendant would employ the Victim C, “40 million won,” as a full-time employee of E Co., Ltd., the Defendant employed the Defendant as the Defendant’s employee.

“Falsely speaking to the effect that it is “......”

However, the defendant seeks from F, a person in charge of the personnel affairs of the Agsan Factory of the above company, a "a contracting officer who holds a certificate of engineer".

The phrase “B” was written to the effect that the said D could have been introduced so that it could be supported to the position of the contracting officer of the said company, and there was no authority or influence to participate in the employment procedure of the said company, and in fact there was no consultation with the said F, etc. on the employment of regular employees, and therefore, D did not have the intent or ability to employ the said company as a regular employee.

On August 27, 2015, the defendant deceivings the victim by the above method, and acquired 40 million won from the damaged person by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to certificates of deposit transaction details, Kakao Stockholm photographs between the complainant and the victim, investigation reports (in case of reference D telephone surveys), investigation reports (in case of reference witness H telephone surveys), copies of notice of employment, investigation reports (in case of reference witness I telephone surveys) and investigation reports;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended sentence] General frauds (less than KRW 100,00). Basic area (less than KRW 100,000)

2. The amount of the Defendant’s defraudedation of the sentence is not so big, and the victim is willing to punish the Defendant on the ground that the Defendant did not comply with the promise to pay the amount of KRW 10 million in installments at the time when the Defendant agreed with the investigative agency.

However, the fact that the defendant makes a confession late, that the victim paid 20 million won to the victim, and that the victim is employed.

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