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(영문) 부산지방법원 2017.02.16 2016고단6266
사기
Text

1. The defendant shall be punished by imprisonment for four months;

2. 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 20, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of taking property in breach of trust at the Busan District Court, and the judgment became final and conclusive on May 13, 201. On April 25, 2014, the Defendant was sentenced to a suspended sentence of two years for six months in imprisonment due to a crime of fraud, etc. at the same court, and the judgment became final and conclusive on May 3, 2014.

On July 20, 2010, the Defendant made a false statement to the victim E, who was aware of the job placement of the steeringcar in the D D multilateral area located in the Busan City, Busan City, the Busan City, and was detained by her husband, but was scheduled to be released from the her husband on August 2010, the next month (in August 2010, her husband is serving as executive officer at the Busan port wharf, so her husband may be allowed to be employed at the above port wharf, and KRW 15 million should be given first for expenses incurred in being employed.).

However, at the time, the husband of the defendant was bound to receive money and valuables in return for employment in return for illegal solicitation while working as F of the Busan Port Trade Union, and received money from the injured party, and there was no intention or ability to get the injured party to work at the port of Busan.

The defendant deceivings the victim as above and received from the injured party a total of KRW 15 million in the face of KRW 5 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (No. 9 times a year);

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;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. Although the grounds for sentencing under Article 62(1) of the Criminal Act are not good, the sentence shall be determined as ordered in consideration of the following factors: (a) the defendant has agreed to the sole extent with the victim; (b) the defendant is against his/her will; and (c) the equality with the case where the judgment has become final and conclusive at the same time with the crime; and (d)

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