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(영문) 서울중앙지방법원 2018.11.08 2017고단5706

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On December 26, 2007, the Defendant made a false statement on the summary of the facts charged to the Appellant B, “I may have the son find a stable workplace, and once once I prepare for 10 million won, I shall prepare for 10 million won.”

However, in fact, there was no intention or ability to hire the children of the injured party in any company.

On December 26, 2007, the Defendant: (a) by deceiving the deceased, and was delivered KRW 10 million from D stores located in Si/Gunsan-si, Si, Gunsan-si, for the purpose of job placement service.

In addition, the Defendant, from the above day to December 24, 2012, committed the crime No. 1 in the list of crimes in the annexed crime No. 1, the date and time of the crime in the annexed crime No. 1, “No. 11:00, Apr. 30, 2008,” respectively, is deemed to be “ around Dec. 26, 2007,” and the “U.S. dollars 500” in No. 3, respectively, to be “U.S. dollars 5,000.”

A total of KRW 60,80,000 was issued on nine occasions, such as the statement.

Judgment

1. The Defendant did not receive the money listed in Nos. 1, 2, 3, and 9 of the list of offenses alleged by the Defendant, and the money listed in the remaining sequence was received from the Appellant E; however, the money was merely lent to the Defendant by the Appellants or E, and there was no fact that the Defendant demanded money for the purpose of employment intermediation for the Appellants.

2. In light of the following, the evidence adopted by this Court and examined as a whole, it is insufficient to recognize that the Defendant received the money set forth in Nos. 1, 2, 3, and 9 of the Crimes List Nos. 1, 2, 3, and 9, or deceiving the remaining money set forth in the No. 1, 2, 3, and 9 as a result of employment solicitation. There

A. The authenticity stated in the first written petition submitted to the investigative agency that “the Defendant demanded money for the Franchising employment purposes and gave 10 copies of the 10 million foot check to the Defendant on April 27, 2008,” and even if the authenticity proves that he sent it to the Defendant on October 19, 2015, the Jin-si bank issued on December 26, 2007.