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(영문) 대구지방법원 2016.12.22 2016노442

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. Defendant 1) misunderstanding of facts: (a) the Defendant believed the horses of G and H and introduced victims; and (b) was unaware of the fact that G actually did not have any intention or ability to help the victims find employment; (c) the Defendant cannot be deemed to have obtained money from the victims in collusion with G and H. Therefore, there is an error of misunderstanding of facts in the part where the Defendant recognized the establishment of fraud among the judgment below, which was erroneous in the judgment of the court below. (b) The punishment against the Defendant (one year of imprisonment, two years of suspended execution, and eight hours of social service) is too unreasonable.

B. The above sentence of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, this part of the facts charged is based on the fact that the Defendant conspireds with G (former trial on September 22, 2015), and H (one-person I, one-time investigation), and the victim J (58 years of age) decided to collect money from a private school teacher in return for hiring the victim’s children, although the victim’s children had no intention or ability to have them employed as a teacher. According to the above public offering, the Defendant was at the L Hospital shop located in the Nam-gu, Daegu-gu, Daegu-gu, for the first time on January 2014, in order to have the said victim’s child employed as a teacher, there is a need for examination and speculation.

I would like to inform you of the employment content by talking about the H Han test in Korea.

“I,” and again, to M, “I, children are less than the buyer to be a teacher, and there is an empty teacher;

They need a resume and a letter of self-introduction.

The Defendant continued to make a false statement. The Defendant and H met M in the O coffee shop located in the Daegu-gu N after Twittering, while H has “at least 20 million won in the Seoul metropolitan area in order to have a teacher work, and at least 150 million won in the non-Seoul metropolitan area, and at the Do Education Committee, there is a person who is well aware of it in the Do Education Committee, so that he can be employed as a teacher.