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(영문) 의정부지방법원 고양지원 2018.11.08 2018고단1513
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 3, 2011, the Defendant made a false statement to the victim E at the D’s office located in P in P in P in P in P in P in P in P in P in P in P in P in P in P in that “A large number of university presidents are known, and a person within the Republic of Korea is employed as a professor at the Korean Sports University, who is known as a professor at the F in the Republic of Korea.”

However, the defendant did not know the president of the university and did not have any other person employed as a professor of the university.

Even if we receive money from the injured party due to the need of living expenses at the time, the intention to use it as the cost of employment training is not to use it as the cost of living, and eventually there was no intention or ability to employ the injured party as

Around March 31, 2011, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 20 million to the Agricultural Cooperative account in the name of D that was designated by the Defendant; (c) received cash of KRW 30 million around April 8, 201; and (d) received cash transfer of KRW 20 million to the one bank account in the name of GH company designated by the Defendant around February 16, 2013; and (b) acquired KRW 52 million in total by remitting KRW 2 million to the one bank account in the name of GH company designated by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each recording book, details of account transactions, details of deposit transactions, details of deposit transactions, details of each letter to capture and output, a receipt of loan, and details of account transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. Scope of the recommended punishment on the sentencing criteria [the types of decisions] [the scope of the recommended punishment [the amount of punishment shall be less than 100 million won] and the mitigated elements of the punishment: One month to one year.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months and the amount obtained by deception for two years under a suspended sentence shall be the maximum amount of 52 million won, which shall be disadvantageous to the accused.

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