(영문) 광주지방법원 2015.09.02 2015고단2409

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(영문) 광주지방법원 2015.09.02 2015고단2409

사기

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

Reasons

Punishment of the crime

On March 10, 2014, the Defendant concluded, through C, a coffee shop located in the Dong-dong-dong-dong-dong-gu Gwangju, that “A child will be employed and provided to the institution affiliated with Gwangju Viewing Agency. The Defendant would allow the victim to work from July 1, 2014 on behalf of the State.”

However, even if the defendant received money from the victim, he did not have the ability to arrange employment of the victim.

As above, the Defendant, as the victim, made a false statement to the victim, obtained KRW 20 million from the victim on March 11, 2014, and acquired KRW 20 million through E’s account around March 13, 2014, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. According to each statement of the police protocol of the defendant, the suspect interrogation protocol of the defendant, the suspect interrogation protocol of the defendant, and the first police protocol of the defendant as to D, it can be acknowledged that the victim D delivers the defendant with only KRW 40 million to C for employment solicitation, and that C delivers only KRW 18 million to the defendant. According to these facts, the victim's fraud was 40 million to C, and the defendant's fraud was already 40 million to be 40 million, and even if only some money was actually received from C. Thus, even if the victim's fraud was actually reduced, it cannot be accepted. Accordingly, the defendant's argument cannot be accepted.)

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective imprisonment with prison labor;

1. Scope of recommendations on the sentencing guidelines: Fraudulent crimes committed between one month to one year, general fraud, type 1 (less than KRW 100 million) and the area of mitigation (where the penalty is not imposed or considerable damage is recovered);

2. Specific grounds for sentencing - reasonable circumstances: the defendant is against the crime of this case.

참조조문

-형법 제347조 제1항

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