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(영문) 전주지방법원 군산지원 2017.10.18 2017고단803
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2016, the Defendant sent money to the victim D by telephone to the victim D through the Police Officer C on May 2016 under the name of the related person as the meal expenses, with respect to the employment of a supervisor of military viewing E.

The term “assumed” was changed.

However, due to the fact that the military viewing E was already appointed and there was no additional plan to employ, the defendant did not have any intent or ability to employ the victim as the supervisor of the military viewing E even if he received money from the injured party.

The Defendant, as above, was accused of the victim and was remitted to the victim on May 16, 2016, KRW 20 million,000,000,000,000,000 from the victim on May 19, 2017, as stated in the list of crimes in the attached Table, by January 19, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police against D;

1. A complaint, a statement of deposit transaction records, a copy of passbook, a deposit confirmation certificate, and an information system on transaction details;

1. Application of Acts and subordinate statutes to investigation reports (verification as to whether a plan for supervision over military viewing E is available);

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes] / [the decision of sentencing from June to one year] / [the decision of sentencing] / the fact that the victim is deceiving the victim by means of employing the victim as a supervisor of military viewing E, and the nature of the crime is not bad, it is not agreed with the victim. The amount of damage caused by the crime in this case, the background of the crime in this case, circumstances after the crime in this case, and other various circumstances that form the condition for sentencing in this case, such as the defendant's age, sexual behavior, environment, etc., shall be determined as ordered within the scope of

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