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(영문) 제주지방법원 2017.01.23 2016고단787
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant against the victim B, on November 12, 2015, at the main point of “D” operated by the victim B in Jeju-si around November 12, 2015, the Defendant would faithfully perform his/her duty to pay the victim the amount of KRW 20 million to the victim as an employee on his/her face.

“.....”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to perform the work or to pay the advance payment at the above main point.

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 20 million to the Defendant’s account ( Jeju Bank E) around November 13, 2015 from the damaged party.

2. The Defendant against the Victim F, on November 23, 2015, at the “H” main point operated by the Victim F, the Victim F in Jeju-si around November 23, 2015, the Defendant would faithfully perform his/her duties with the Victim F, who works in good faith with the Victim F.

“.....”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to perform the work or to pay the advance payment at the above main point.

Accordingly, the Defendant, by deceiving the victim as above, was transferred from the victim to the account of the Defendant ( Jeju Bank E) on the same day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Each police statement made to B or F;

1. A criminal investigation report (to attach details of account transactions submitted by a suspect);

1. A written confirmation of deposit transactions and details of deposit and withdrawal transactions;

1. Application of Acts and subordinate statutes to a process deed (15 pages of investigation records);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (the person who is subject to special sentencing) of the sentencing criteria;

2. The age, sex, environment, means and result of the crime of the defendant, as well as the circumstances after the crime;

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