beta
(영문) 수원지방법원 안양지원 2016.11.03 2016고단894

사기

Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2014, the Defendant was sentenced to two years of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence on August 7, 2015.

[2016 Highest894]

1. Around August 7, 2015, the Defendant committed a crime against the victim C, which reads to the victim C’s office located in Yeongdeungpo-gu Seoul Metropolitan Government D shopping mall 103 to the effect that “The Defendant would make a subcontract to the victim by taking into account the removal construction work of the apartment of the Gangwon-do Jong-do Jong-do Jong-do, the construction license borrowing cost necessary for receiving orders, and the cost for issuing the performance bond.”

However, there was no property, income, or occupation that the Defendant was unable to prepare for the cost of life for himself, and there was no human and material resources for obtaining orders from the Defendant, and even if receiving money from the victim, it was thought that it would be hot due to entertainment expenses and living expenses, so there was no intention or ability to subcontract the removal of apartment units to the victim.

The Defendant received 36.39 million won from August 10, 2015 to August 28, 2015, from the victim, and received 2.6 million won in cash.

Accordingly, the defendant was given property by deceiving the victim.

2. Around April 5, 2016, the Defendant committed the crime against the victim E was introduced to the victim E who is a job seeker by having the job offerer conducted at the G Job Placement Office located in Seoul F, and then was introduced to the job seeker E. Around April 6, 2016, the Defendant made a false statement to the effect that “The victim will be employed by the party and her husband to the restaurant.” In order to be employed, the “vocational Employment Certificate” is necessary. The Party is not allowed to obtain the employment certificate with Chinese nationality, which will be issued on its behalf. The Defendant would request money necessary for the issuance of the employment certificate.”

However, the above "vocational employment certificate" was a deed created by the defendant, which does not actually exist, and the defendant receives money from the victim and uses it as a living cost.