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(영문) 의정부지방법원 2018.07.19 2018고단498

사기

Text

A defendant shall be punished by imprisonment for eight years.

Defendant paid damages to the applicant KRW 260,000,00 (this detention).

Reasons

Punishment of the crime

The Defendant was a professor of C University D from March 2003 to C University.

The Defendant shall specially employ five professors of social sports course at the Foundation upon the instruction of the president and vice president of the Foundation in the Seoul Songpa-gu apartment shop near the Songpa-gu apartment in August 2009.

In order to be appointed as a professor, money shall be given in advance to the Foundation.

100% as professors will be made.

“A false representation was made.”

However, since C University was employed as a professor through a public recruitment notice, the Foundation did not give the above orders to the defendant.

In addition, the defendant did not have any authority to employ professors and did not have any intent or ability to appoint the victim as professor even if he did not receive money from the injured party.

On September 5, 2009, the Defendant was delivered KRW 260,000,000 in cash at the front park of the above E apartment F, E apartmentF around September 11, 200 to the victim by deceiving the victim as above, and around September 11, 2009.

In addition, from around that time to November 18, 2009, the Defendant obtained a total of KRW 1,000,000 from four victims in the same manner as the list of crimes in the attached Table, and acquired it through deception.

Summary of Evidence

1. Each legal statement of witness G, H, I, B, J, K, L, and M;

1. Data from faculty members of the D Department at C University (A);

1. Articles of association relating to appointment of professor at C University;

1. A certified copy of the register (a residential apartment);

1. A Details of inquiries into entry into or departure from the United States;

1. Investigation report (related to the Department of Staff of the C University, etc.);

1. A criminal investigation report (public notice of employment);

1. Application of the Acts and subordinate statutes to the correspondence details and resignation sent under the name A;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Articles 25 (1), 31 (1), and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of punishment recommended on the sentencing criteria [the type of fraud] shall be the general fraud.