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(영문) 대전지방법원 2018.06.25 2017고단4641
사기
Text

A defendant shall be punished by imprisonment for six 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

On January 1, 2017, the defendant employed the victim C to the Kok Day security unit because he well knows the head of the personnel affairs of the Kok Day.

“...”

However, in fact, the defendant did not know well with the head of the personnel affairs division of the Co., Ltd. and did not have the ability to enter the victim's children into the Co., Ltd.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 5 million to the Agricultural Cooperative Account (D) for the use of the Defendant from the victim; and (c) obtained transfer of KRW 25 million around February 22, 2017, and acquired KRW 30 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of some Acts and subordinate statutes on record;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., reflectability, agreement, the fact that there is only one set of past records of fines for dual species, health, etc.);

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