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(영문) 서울남부지방법원 2014.02.05 2013고단2410

사기

Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two months for a crime of No. 2 of the judgment of the court below.

Reasons

Punishment of the crime

On September 18, 2009, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court and two years of suspended execution, which became final and conclusive on September 26, 2009. On July 14, 2011, the Seoul Southern District Court sentenced six months of imprisonment for a crime of breach of trust at the Seoul Southern District Court, which became final and conclusive on January 28, 2012, and on November 2, 2012, the judgment became final and conclusive on January 16, 2013.

1. On December 8, 2008, the Defendant made a false statement to the effect that “The victim E is sufficiently able to create one of the teachers because of a large number of times of education in the educational and school system from the home college of education” at the D Association office where the Defendant in Yeongdeungpo-gu Seoul working for the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Government Association office”), and that “The Defendant is responsible and would have children find employment as a private middle school sports teacher in a private middle and high school. It would change KRW 30 million.”

However, in fact, only the victim tried to use the personal debt repayment with money from the victim and did not have the intent or ability to have the children employed as private middle and high school sports teachers.

The Defendant received 30 million won from the victim to the foreign exchange bank account in the name of the Defendant on the same day, and acquired it by fraud.

2. On January 18, 2010, the Defendant, by telephone, made a false statement to the effect that “the Defendant shall send money to the victim as much as it is necessary to do so in the employment process of the Plaintiff,” and acquired it by fraud from the victim to the foreign exchange bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. F's statement in the interrogation protocol of the accused by the prosecution;

1. Previous records: Application of criminal records, investigation reports (former records, court rulings and summary orders);

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.