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(영문) 광주지방법원 2018.11.21 2018고단2819
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant made a false statement to the victim D, which was operated by the victim C in the Hahbuk-gun B, that “The Defendant will work from the multilateral bank to the employee as an employee.”

However, even if the victim received the advance payment, there was no intention to work as an employee in the victim's multilateral bank.

The defendant deceivings the victim as above, and was given KRW 7 million to the injured party under the pretext of advance payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing deposit without passbook;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is an unfavorable circumstance that the defendant can have been convicted of committing the same method with the same reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act.

The fact that the defendant is led to confession and reflect, and the victim is highly worthy of protection as being paid to the defendant on the condition that he should work as a multi-party employee suspected of engaging in sexual traffic brokerage.

In addition, in consideration of the records of this case, such as the defendant's age, sexual conduct, motive and means of a crime, and circumstances after a crime, the punishment as ordered shall be determined by taking into account all the factors of sentencing as shown in the trial process.

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