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(영문) 울산지방법원 2017.07.11 2017고단1830
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On March 2013, 2013, the Defendant called the victim C, who was aware of the introduction of the person with disabilities, by phone, to the victim C, who was employed as a school teacher for the disabled, sent the victim KRW 2 million as he/she has to provide meals with the persons related to the disabled.

different types.

“A false statement” was made.

However, as the economic situation at the time is not good, the defendant thought that he would receive money from the injured party for personal purposes, such as living expenses, etc., and there was no intention or ability to let the injured party be employed as school teachers for the disabled.

As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim, to a new bank account in the name of D around April 2, 2013, and thereafter, received from that victim the transfer of KRW 10 million from that time to April 10, 2014, an aggregate of KRW 10.9 million from that time until April 10, 2014, as stated in the list of crimes in attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes to the complaint;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Type Decision] The reason for sentencing under Article 62-2 of the General Fraud [In the event that the person subject to special sentencing] - [the person subject to sentencing under KRW 100 million] - [the scope of the recommended sentence] the mitigation area / [the scope of the recommended sentence] one month or one year [the scope of the suspended sentence] - The main reasons for major consideration - If the positive damages are considerably small or considerably damaged: If the positive damages are considerably small or considerably damaged: If the positive damages are recovered, the reason for general consideration - the person subject to suspended sentence (the decision of the sentenced sentence] has a negative criminal offense of the same kind or more than two times, but the criminal defendant was prosecuted for not less than three years after he was charged for detention.

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