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(영문) 서울남부지방법원 2016.12.02 2016고단5233

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 2012, the Defendant stated that “AH is in a remote space with the chief director of the Magman High School located in Seoul,” the Defendant made a false statement to the victim AH at the instigious library located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul. The KRW 100 million is paid to the school in Jeju-do in the name of the development fund, so that he/she may be employed as a teacher of the Magman High School.”

However, the defendant received money from the victim and planned to use it for the purpose of repayment of personal debt and living expenses, etc., and even if he received the money from the victim, he did not have the intent or ability to have the victim employ it as a teacher.

Nevertheless, the Defendant deceiving the victim as above, and then, around September 27, 2012, transferred KRW 10,000 to the AJ account in the name of AI from the victim, and received KRW 90,000 in cash and KRW 90,000 from October 11, 2012.

Accordingly, the defendant was delivered KRW 100 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of suspect with respect to AI;

1. Statement of the police statement of AH;

1. A report on investigation intelligence;

1. The loan certificate;

1. A copy of a bankbook;

1. Application of Acts and subordinate statutes on cashier's checks;

1. Relevant Article 347 (1) of the Criminal Act and reasons for sentencing (Fraud and choice of imprisonment) of the choice of criminal facts;

1. The scope of recommendation types according to the sentencing guidelines [the scope of recommendation types] shall be the basic area [the scope of recommendation types] of types 2 (the amount of 100 million won or more, the amount of 500 million won or less) [the scope of recommendation types] 1 year or 4 years; and

2. Circumstances disadvantageous to the decision-making of sentence: The crime of this case is not likely to be subject to criticism in that it is a planned crime that uses the money by deceiving the money under the pretext of school recruitment in the sense of the difficulty of the victim;

In addition, it is an act that undermines the authority of teachers and fairness in employment opportunities, and it is an act that causes an accident with the position of teachers.