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(영문) 서울동부지방법원 2018.09.14 2017고단4094
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

Criminal facts

1. On August 2014, the Defendant, at the branch office of the C Association-si Branch Office located in the wife population B in Gyeonggi-si, Gyeonggi-do, 2014, employed the victim D as two airlines, where the Defendant “I wish to purchase two airlines.”

I changed the cost. “A false statement.”

However, the defendant did not have the intention or ability to allow the victim to find employment in the airline by two children.

On October 20, 2014, the Defendant received KRW 2 million from the Defendant E account (Account NumberF) in the name of the Defendant on or around October 20, 2014, and was remitted KRW 2 million around February 10, 2015.

2. On February 28, 2015, the Defendant: (a) had the said victim’s children G and Chok H have an interview at an infinite office located in Gwangjin-gu Seoul Special Metropolitan City I; and (b) had the victim call at the infinite site, and (c) had the victim find a telephone to the victim, and (d) had him/her find employment with the son and kins in the WT International Organization.

When the executives of international organizations make a business trip to red bean, it is necessary to pay street funds to conduct the business trip.

“A false representation was made.”

However, the defendant did not have the intention or ability to find employment with children of the victim.

The Defendant received KRW 6 million from the damaged party to the above E account on March 3, 2015, and received KRW 4 million around August 28, 2015.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. The first statement made to D with regard to the police;

1. Application of Acts and subordinate statutes, such as a copy of a bankbook, a detailed statement of deposit transactions, a certificate of deposit confirmation, a copy of a passbook, a certificate of deposit without passbook, and a detailed statement of transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in paragraph (2) of the same Article, which is heavier than the punishment for concurrent crimes);

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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