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(영문) 인천지방법원 부천지원 2017.08.18 2017고단1058
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the friendship of the victim B.

On June 2014, the Defendant knew that the victim was about the employment problem of the victim and attempted to obtain money from the victim by deceiving the victim as if he/she was employed.

On June 2014, the Defendant was the victim at the hospital located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Busan, the date of June 2014, and the Defendant was able to receive a request from the victim in the hospital where the victim is working.

A false statement was made to request money from the test personnel expenses to employ children on a car.

However, in fact, the defendant did not have the intention or ability to allow the victim to find employment on a motor vehicle.

The Defendant received KRW 5 million from the injured party on September 5, 2014, under the pretext of job placement expenses, etc. on September 5, 2014, KRW 10 million on September 15, 2014, and KRW 6 million on March 18, 2015 from the post office account in the name of the Defendant, and received KRW 2 million in cash on September 15, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the receipt statute

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The person who does not have a basic area (6 months to one year and six months) [the person who is subject to special sentencing] [decision of sentence] is committed in favor of the defendant's confession, the fact that the victim is in a marital relationship with the defendant, the defendant committed the crime of this case under consideration of favorable circumstances such as the fact that the defendant had been punished several times, including the same crime, even though there was a record of punishment several times, it is not good that the defendant intentionally deceiving the victim, and that it is not good that the defendant intentionally deceiving the victim who is the victim of the victim.

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