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(영문) 서울중앙지방법원 2016.05.10 2015고단6072
사기
Text

A defendant shall be punished by imprisonment for four months.

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 October 31, 2011, the Defendant introduced the victim E as the Director General in extraordinary civil service who investigates the corruption of senior public officials under the direction of the head of the economic division from the “D D Dda” located in Dongdaemun-gu Seoul, Seoul, as the victim E, and then conducts as if he could exercise considerable influence on the public enterprises, etc., and “I will have the son F work for the Corporation as Korea.”

As we talk about the loan of the Ministry of Land, Infrastructure and Transport, I would like to find the director of the personnel division of the Corporation in Korea, and I would like to make a false statement to the director of the personnel division of the Corporation in Korea. On the other hand, I would like to make a request to the director of the personnel division of the Corporation in Korea.

However, in fact, the defendant did not have any intention to have the victims employed in favor of the Minister of Land, Transport and Maritime Affairs or the Director of the National Road Corporation, and there was no fact that he had paid eight million won or more.

As above, the Defendant, as described in the List of Crimes, by deceiving the victim and receiving KRW 400,00 from the victim, i.e., cash 40,000,000 from the victim, and by fraud, as shown in the List of Crimes in the attached Table, acquired the total amount of KRW 30,70,000 from the victim 4 to December 10, 201, as shown in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, H, and I;

1. Written Statement;

1. A copy of each response to financial companies, the details of accounts of enterprise banks under the name of A, and the statement of withdrawal;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of suspect A account details);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure is to obtain a total of 30 million won from four damaged persons on the pretext of soliciting employment, and the defendant has acquired a total of 10 million won from four damaged persons on the pretext of soliciting employment. Considering the means and methods of deception, the amount of money acquired by deception

(3).

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