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(영문) 서울남부지방법원 2015.12.09 2015고단4062
사기
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2014, the Defendant stated that “The Defendant would select class 7 security guards from the Shin Jong-ju’s Cheong-ju’s Cheong-ju’s Cheong-ju’s Cheong-dong, Yangcheon-gu, Seoul, and then would be able to pass a test if he fluened with E and fluened in his fluence, a senior career village of D President, and his fluence. The Defendant would not give KRW 100 million to South Korea.” The Defendant stated that “The Defendant would pass a test of KRW 50,000,000,000,000,000,000,000,000 won.”

However, even if the defendant received money from the victim, the defendant did not have the ability or intent to pass the examination of the court of security service for the victims.

As such, the Defendant, by deceiving the victim as such, was granted KRW 30 million around September 14, 2014, and KRW 20 million around September 15, 2014, respectively, under the pretext of employment solicitation by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to C (Supplement of Complaints);

1. A statement prepared by the F;

1. Details of issuance of cashier's checks, and detailed list of transactions of self-reliance deposits;

1. Application of Acts and subordinate statutes governing recording records;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing (Article 32 (1) 3 and Article 25 (3) 3 (Article 25 (3) of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and Promotion, etc. of Lawsuits (Article 32 (1) 3 of the Act on Special Cases

1. One year or less (the crime group, general fraud, type 1 (less than 100 million won), the area subject to mitigation (special mitigation factors: the area not subject to punishment, or where significant damage has been recovered) on the sentencing criteria);

2. The crime of this case committed by deceiving a victim who has a long-term relationship for a long time and by deceiving money under the pretext of employment solicitation is very bad, and the amount acquired by deception is not much significant, and there is a history of punishment due to the same type of fraud crime in the past.

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