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(영문) 광주지방법원 2015.10.07 2015고단3295
사기
Text

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

Reasons

Punishment of the crime

Around November 2013, the Defendant knew that the victims C's children are entering small and medium-sized enterprises in Gwangju Buddhist land, and knew that the victim is "D, an assistant to a member of the National Assembly who can find a large enterprise," and upon request from the person, he/she may employ the children in the large enterprise. In order to request employment to the children in question, 50 million won was required to be employed.

However, even if the defendant received 50 million won from the victim, he did not have the intention or ability to arrange the victim to find employment in large enterprises.

Around November 13, 2013, the Defendant, by deceiving the victim as such, received KRW 48 million from the victim to the Agricultural Cooperative Account under the former husband E, and KRW 2 million from November 18, 2013 to the same account on and around November 18, 2013, and received a total of KRW 50 million over two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes to written confirmation on deposits without passbook;

1. The relevant legal provisions on criminal facts and the reason for sentencing of Article 347(1) of the Criminal Act (Selection of Imprisonment) [the scope of recommending punishment] The basic area (6 to 100,000 won) of types 1 (6 to 100,000 won) and 1 (6 months) of the Criminal Act (the period of less than 100,000 won) [the decision of sentencing] - Unfavorable circumstances: The decision of sentence is a fraudulent act using personal trust relationship with the victim; the crime committed by actively deceiving the victim to get employed of the victim for the purpose of defraudation; the victim's children are not made no effort to recover from damage even if the amount of damage is small; the fact that there is no effort to recover

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