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(영문) 창원지방법원 통영지원 2017.10.11 2017고단996
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 20, 2014, the Defendant issued a false statement to the victim D’s victim D, stating that “The Defendant was employed by three persons in the direct management of the Joseon Ocean,” and that “The Defendant would be able to find employment by 100% at the time, E’s health examination, and two” to the victim around November 29, 2014, that “In order to find employment directly in the direct management, 50 million won is required, 30 million won is required,” to the victim.

However, the facts revealed that the Defendant did not necessarily have much influence on the employment of E in the above company, and that he did not use it as expenses necessary for employment, such as requesting the above person in charge of the personnel affairs of the above company to receive the above money from the injured party, and paid money to the Defendant’s customer, and thus, even if he received the money from the injured party, he did not have any intention or ability to have the employee employed directly at the Maritime Affairs and Fisheries of Treatment.

As such, the Defendant, by deceiving the victim and by deceiving the victim, acquired the victim through a personal compromise account (F) in the name of the Defendant on November 30, 2014, through a personal compromise account (F) in the name of the Defendant for expenses necessary for employment from the damaged party, with a total of KRW 30 million on December 17, 2014, and KRW 10 million on or around December 17, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and H;

1. A complaint filed in D;

1. A detailed statement of deposit transactions and a detailed statement of transactions under A’s name;

1. The application of each investigation report (the Si Chok E telephone investigation on November 30, 201, I 4 million won in cash on December 17, 2014, KRW 10 million on December 17, 2014, KRW 5 million out of the withdrawal on November 30, 2014, KRW 7 million transferred to a new cooperation account under the suspect’s name, and KRW 4 million in K.

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

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud.

3. Determination of sentence;

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