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(영문) 울산지방법원 2014.12.11 2014고단2195
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Around October 2009, the Defendant made a false statement to the effect that “The Defendant is well aware of the chief of the Ethropic Atomic Energy Agency of the Republic of Korea, and, at the request of them, he/she was aware of the fact that he/she was aware of the monthly nuclear power headquarters of the Republic of Korea.” At the request of them, the Defendant made a false statement to the effect that “The Defendant would change the expenses to be incurred in employing the children to the said monthly nuclear power headquarters.”

However, even if the defendant received money from the victim, he did not have any intention or ability to employ the victim's children as his own living cost and litigation cost, but did not have any intention or ability to employ the victim's children to the Korea Atomic Energy Headquarters.

The Defendant received from the victim a total of KRW 30 million on December 30, 200 and KRW 30 million on February 16, 2010, under the same name as the school expenses around December 30, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. Part of the statement of C in the interrogation protocol of the accused by the prosecution (2 times, 2 times, and 3 times);

1. Statement to C by the police;

1. A copy of money borrowed, a transcript, a record, and a statement of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for sentencing of Article 25(1), Article 32(1), Article 32(2), and Article 32(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders [the scope of recommending punishment] In a case where considerable damage has been recovered from the mitigation area (one to one year), types 1 (less than 100 million won) (one month or one year), and the mitigation area (the special mitigation person] [the ruling of sentence] in a case where a person is able to obtain a historical seal, and the case where a person obtains money under the pretext of employment of his child is not good enough

However, the sentencing data on the records, such as the fact that the victim partly discharged damage and the defendant's age, character and conduct, shall be determined as per the disposition, and it shall not be subject to statutory detention in consideration of health conditions and possibility of agreement.

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