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(영문) 서울동부지방법원 2016.08.12 2015고단1193
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant pays 85,650,000 won to the applicant through deception.

Reasons

Punishment of the crime

On April 208, 2008, the Defendant, at the home of the Defendant located in Ansan-si, the Defendant, “I wish to find the victim C (V, 60 years of age) as a brush for the operation of a bath in Japan.”

It made a false statement to the effect that the expenses, such as deposit and expenses necessary for employment, were changed.

However, even if the defendant received the employment deposit, security, etc. from the injured party, he was thought to use the money received for his personal purpose as well as the victim's intention or ability to find employment confidential.

As above, the Defendant, as well as the Defendant, by deceiving the victim and being given cash KRW 30 million around that time, received a delivery of KRW 85,65 million in total eight times from that time until November 2009, as shown in the List of Crimes in the attached Form.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the examination of the accused by the prosecution (including the statement of the complainant);

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

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

1. In light of the fact that: (a) even though there was a record of being punished for the same kind of crime several times for the reason of sentencing under Article 25(1)1, Article 31(1), Article 31(2), and Article 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Orders for Compensation and Sentence of Provisional Execution, the victim committed the crime in this case; (b) even though the victim was unable to use the previous property that was entirely difficult to save himself/herself; and (c) there was no measure to recover damage; and (d) the victim did not take measures for recovery of damage; and (e) the victim’s agreement with the victim delayed the date of trial due to the extension of the date of trial and escaped for a long time after the date of sentence, the sentence of

Each of such circumstances and other circumstances are the defendant's age, sex, environment, family relationship, relationship with the victim, motive for committing the crime, and means of committing the crime.

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