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(영문) 수원지방법원 평택지원 2017.10.12 2017고단810
사기
Text

A defendant shall be punished by imprisonment for four months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 16, 2014, the Defendant was a corporation corporation that was located in 70 as the oil oil of Yeongdeungpo-gu Seoul Metropolitan Government around April 16, 2014, and the Defendant was employed by the victim B as the victim B from the system office.

Since the Republic of Korea is widely aware of the high-ranking military units, G in charge of personnel management of D and E military service officials will be employed as civilian military employees upon request of two children for their employment.

“.......”

However, the Defendant did not know the senior military personnel of the U.S. intelligence agencies CAC or the U.S. military unit, and D and G did not exist, and even if he received money from the injured party under the pretext of job placement, he did not have any intention or ability to have the injured children employed as civilian military employees.

On April 28, 2014, the Defendant received KRW 2,000,000 from the injured party as entertainment expenses, from the time on which he/she received KRW 2,00,000 as entertainment expenses, and received KRW 35,920,000 in total, from July 18, 2015, as shown in the list of crimes in attached Table, from July 25, 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 Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Applications for Compensation Orders;

1. Standard for sentencing [Scope of the recommended punishment] The basic area (from June to one year and six months) (no person who has any special sentencing seal] of the types 1 (less than KRW 100 million) ordinary frauds;

2. Determination of sentencing below the sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence identical to the order shall be determined.

- The crime of this case is not against the nature of the crime of this case, but damage.

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