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(영문) 광주지방법원 장흥지원 2014.10.23 2014고단101
사기등
Text

A defendant shall be punished by imprisonment for six months.

18,200,000 won shall be forfeited from the defendant.

Reasons

Punishment of the crime

Around March 2013, the Defendant made a false statement to the effect that “A victim B who attends the same church is well aware of C,” who is attending the same church, would be employed as a public official in the technical service of the Jinjin-gun Office. In order to pay money, the Defendant would allow her husband D to be employed as a public official in the technical service of the Gangwon-gun Office.”

However, the fact is that the husband of the victim did not have the intention or ability to find employment in the Gangwon Military Service.

Around May 17, 2013, the Defendant received KRW 12 million from the victim of the case, under the pretext of personnel expenses to make a solicitation in connection with the cases handled by a public official from the victim. On June 2013, 2013, the Defendant received KRW 3 million from the place near the same Eup/Myeon located in the same Eup/Myeon. On January 2014, the Defendant received KRW 2 million from the parking lot of the public sports ground located in the Jeonnam-gun-gun, the Defendant received KRW 1.2 million from the post office passbook (Account Number E) in the name of the Defendant on February 27, 2014.

As a result, the defendant received property of 18.2 million won in total by deceiving the victim under the pretext of soliciting the case handled by a public official.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Article 347 (1) of the Criminal Act (Fraud) of the applicable provisions of Acts to criminal facts and Article 111 (1) of the Attorney-at-Law Act (the point of receipt of money and valuables under trust name);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under the latter part of Article 116 of the Attorney-at-Law Act [the scope of recommending punishment] The sentence like the disposition shall be imposed in consideration of the following factors: (a) fraud group, general fraud, type 1 (less than KRW 100 million), basic area [the person who has a special form of punishment] [the decision of sentence] [the decision of sentence] imprisonment for six months was partially repaid; (b) the remainder is being paid; (c) the defendant recognized a mistake and reflects it; and (d) the victim's improper motive has contributed to the crime of this case.

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