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(영문) 의정부지방법원 2017.10.26 2016고단4743
사기
Text

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

On January 31, 2012, the defendant tried to give priority to the victims E who work as nursing staff at a sick room in the hospital in Gwangjin-gu Seoul Special Metropolitan City as of January 31, 2012.

In this regard, the cost of recommending rental apartments is required.

The phrase “ makes a false statement.”

However, the defendant did not have the intent and ability to allocate rental apartments even if he receives money from the injured party due to the absence of office at the time.

As such, the Defendant is granted KRW 3,00,000 on the same day under the pretext of recommending rental apartments from the injured party by deceiving the victim, and the Defendant is given the same year.

9.4. The Defendant received a total of KRW 8,800,000 from the injured party, such as the remittance of KRW 5,800,000 to the account (G) in the name of the F of the Bank designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on trading;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of Class 1 (a decision on the recommended area] (a decision on the recommended area] (a decision on the recommended area] [the scope of the recommended punishment] six months to one year and six months.

3. Determination of sentence: The method and content of the instant crime; the records of the Defendant’s criminal act; the victim’s difficult home circumstances; and

However, the defendant shows his attitude to see and reflect his mistake.

The Defendant repaid part (280 million won) of the amount acquired by deceit to the victim.

The defendant is aged 75 years old and does not have good health conditions.

In addition, the punishment shall be determined within the scope of recommended punishment according to the sentencing guidelines by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the character, conduct, environment, and circumstances before and after

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