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(영문) 대구지방법원 포항지원 2015.03.19 2014고단1234
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2, 2011, the Defendant told the victim E to find employment at the D cafeteria located in Nam-gu, Nam-gu, Sinpo-si, to the victim E, “I will find him as the head of the port and port union, who is the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch.”

However, even if the defendant, who is engaged in daily work without a certain occupation, received money from the victim, he only thought that he will use it as his daily living expenses, etc. and did not have any intention or ability to find the victim to find a job in an anti-government union.

The Defendant, at the end of the foregoing false statement, received KRW 2 million from the victim in cash on the same day, and the same year.

7. 22. On June 2, 201, the Defendant received KRW 1 million from the post office account in the name of the Defendant, and received KRW 5 million in cash on November 4, 201 of the same year, and acquired KRW 8 million in total as the job placement expenses, and acquired KRW 33 million in total from the victim E, F, G, H, I, J, and K by the same method over seven occasions from June 2, 201 to June 9, 2012, as described in the attached list of crimes.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to J, F, G, H, I, E, and K;

1. Application of Acts and subordinate statutes to the certificate of withdrawal, certificate of deposit, detailed statement of transactions, issuance by the real name number of cashier's checks, deposit certificate, and detailed statement of financial joint network transactions;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Punishment in Crimes against Victims E with the largest amount of punishment) of the Criminal Code among concurrent crimes [the scope of recommending punishment] General Fraud (a period of less than KRW 100 million) and the aggravated area (one year to two years and six months) (a period of imprisonment) of category 1 (a period of less than KRW 100 million) [a person under a special relationship] of unspecified or multiple victims, or a person who repeatedly commits a crime for a considerable period of time (a decision of sentencing], the defendant is against the mistake of the defendant.

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