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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 8, 2011, the Defendant was sentenced to imprisonment with prison labor for two years and six months and two months, respectively, for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) in the Daegu District Court Support on December 8, 201, and completed the execution of the sentence on April 16, 2014.
1. From October 13, 2014, the Defendant: (a) called the victim C by phone calls on the unclaimed land on October 13, 2014; and (b) even though there was no person who knows in the modern middle industry, and there was no intention or ability to have the victim employed the victim’s children in the modern middle industry, the Defendant is going to work in D
In order to be employed in the modern middle industry, there is a false statement to “as much as to KRW 30,000,000,000,000,000,000,000,000 won was transferred from the injured party to the Agricultural Cooperative account (E) under the name of the Defendant for employment solicitation.
2. On October 23, 2014, the Defendant calls from the victim on a non-permanent basis to resolve the issue only by sending money to the victim.
“A false statement” was received 6 million won from the injured party to the same account under the pretext of a solicitation for employment.
3. On November 17, 2014, the Defendant called the victim’s telephone at noon, and received KRW 1560,000 from the victim to the same account in the name of employment solicitation, stating that “The Defendant would return money to Daegu if he/she would return the money because he/she did not have the drinking value while drinking alcohol to be taken by night with those of the modern middle industries who want to find employment in the Asian Heavy Industries.”
Accordingly, the defendant was given a total of KRW 1,256,00 by deceiving the victim.
Summary of Evidence
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. Investigation report (to listen to statements by a complainant D phone), investigation report (to listen to statements by an employee of the modern middle industry);
1. A criminal investigation report (attaching details of remittance);
1. Previous convictions: Application of Acts and subordinate statutes to inquiries into criminal history and investigation reports (the confirmation of the expiration of the term of punishment for the suspect and the binding of previous convictions);
1. Article 347(1) and (2) of the Criminal Act relating to the facts constituting an offense.