(영문) 광주지방법원 2020.02.07 2019고단4634

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(영문) 광주지방법원 2020.02.07 2019고단4634

사기등

Text

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

Around January 11, 2018, the Defendant sent money to the victim B by communicating the victim B by telephone and text. The Defendant told the victim B to the effect that “I wish to have his child employed in the South-gu office.” The Defendant sent money to the South-gu office.”

However, the defendant had no intention or ability to pay money to other victims of employment fraud, and the defendant did not have any intention or ability to have his child employed by the South-gu Office.

Nevertheless, as above, the Defendant was issued KRW 20 million under the pretext of deceiving the victim, deceiving the victim, acquiring 20 million won on the same day from the victim, and soliciting the affairs handled by the public officials.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of account transactions;

1. Application of text messages to Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting a crime (the point of fraud), Article 111 (1) of the Attorney-at-Law Act (the point of receiving money and valuables under the name of trust);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Although the reasons for sentencing under the latter part of Article 116 of the Attorney-at-Law Act are not minor, the execution of imprisonment shall be suspended in consideration of the following factors: (a) the victim does not want the punishment of the defendant; (b) the victim has no record of being punished for the same kind of crime; (c) the fact that the crime is recognized; and (d) the defendant's age, character and conduct, family environment, motive and circumstance of the crime; and (b) the period of punishment as shown in the arguments after the crime

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