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(영문) 창원지방법원 2017.08.30 2017고단1298
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a member of the trade union who works in Da and is a member of the trade union in the private village of the defendant or the victim C, who is the victim of the defendant's death in 1007-14, Gowon-si, Changwon-si, Seoul Special Metropolitan City around September 23, 2013.

“The purpose of “ was to make a false statement.”

However, from July 1, 2009 to August 18, 201, the Defendant was the chairperson of the above company trade union, but thereafter, was working as a production worker in the assembly division, and was not an executive member of the trade union, and did not otherwise have been in the position to participate in the employment of human resources of the above company, so even if receiving employment expenses from the injured party, the Defendant did not have the intent or ability to allow the victimized party to find employment with the above company.

The Defendant, as above, by deceiving the victim and deceiving the victim, received money of KRW 20 million from the victim to the Agricultural Cooperative Account (E) in the name of the Defendant, and acquired money of KRW 10 million to the same account around April of the same year, and KRW 30 million in total, from the same account around November 4 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes on account transfer;

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. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] In the area of mitigation (one month to one year) of Class 1 (the amount below 100 million won) [the victim] where the victim has considerable responsibility for the occurrence of crime or the expansion of damage (the decision of sentencing], any damage has not been recovered even if the amount of damage was not significant.

However, the defendant recognized the crime of this case and was sentenced to a fine of KRW 700,000 for the crime of this case in 2001, there is no criminal punishment.

In addition, the victim believed the defendant's words "to have the victim employed by requesting the high-class person to get employed by him/her," and gave the defendant money, and the victim also commits the crime.

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