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(영문) 부산지방법원 동부지원 2017.10.17 2017고합82
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

[Criminal record] On March 10, 2016, the Defendant was sentenced to a suspended sentence of one year for fraud in the Dong branch of the Busan District Court on March 10, 2016, and the said judgment became final and conclusive on March 18, 2016.

[2] From July 2015, the Defendant: (a) around July 3, 2015, operated a mutual manpower office called “E” in Busan Shipping Daegu D and the third floor; and (b) concluded a partnership agreement with the victim C to receive wages from the workers dispatched from the project site; and (c) divide the profits accrued from the said human resources office; and (d) received money by receiving additional payments to the wages of the workers who are not actually invested in the construction site.

On August 1, 2015, the Defendant called the victim at the above E office around August 1, 2015, and called the victim, “In today’s original construction site, etc.”

The Court made a false statement in stating that the sum of 535,000 won per day of the father was remitted.

However, in fact, the defendant did not put the human body at the above construction site and was thought to use the money received from the injured party as daily wages for personal debt repayment, etc.

As above, the Defendant, as well as the Defendant, by deceiving the victim, received KRW 535,00 on the same day from the victim, and then, from around that time to around September 10, 2016, received a total of KRW 629,954,00 in total over 359 times as indicated in the list of crimes in the attached Form, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Police seizure records;

1. A report on the investigation by police and the prosecution;

1. Books, a detailed statement of account transactions, and photographs of a Kakao Stockholm conversation;

1. Previous convictions in judgment: Application of a written inquiry about criminal history and text of judgment (Seoul Eastern District Court Decision 2015 High Court Decision 1364, 1364);

1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act (including the case) for the crime;

2. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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