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(영문) 부산지방법원 2019.10.16 2019고단3326
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 51,00,000 won to C who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

The defendant assumes the honor of D religious organizations and operated a personal inspection called "F" in Busan Dong-gu E.

On October 16, 2014, the Defendant concluded that “F” was false to Nonindicted Party B, the victim’s wife, “I know about many members of the National Assembly, etc., and have employed several persons.” The Defendant employed a genetic engineering-related company, which is located in Daejeon, with children of the Party, in the name of KRW 5 million as entertainment expenses and expenses.”

However, even if the defendant receives money under the pretext of employment, he did not have the intention or ability to get the victim to work as the promise.

Nevertheless, the Defendant, by deceiving B as above, received KRW 5 million from the victim to the H bank account (I) in the name of G used by the Defendant on the same day from the victim, and acquired KRW 55 million in total on three occasions from around that time to October 29, 2015, under the pretext that the Defendant would have employed the victim’s children, such as the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of the police statement regarding C;

1. Details of deposits and details of transactions;

1. Letters sent and received with the suspect;

1. Recording notes, CDs;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 29, 30, 47)

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. Reasons for sentencing of Article 32(1)2 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation [Scope of Recommendation] General Fraud (less than KRW 100 million) and the basic area (six to one year and six months) [Pronouncement Decision] Defendant has a large number of criminal records against the Defendant, and the fear of a D religious organization.

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