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(영문) 수원지방법원 2014.06.13 2014고단2166

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The Defendant served as the Director-General of the Compilation Bureau of “D” located in Suwon-si, Suwon-si, from around 2011 to February 2014, and served as the reporter at the Gyeonggi-do Office of Education from April 10, 2014.

around May 2013, the Defendant, upon receiving a request from the Victim F to inquire about the recruitment of the sports teachers from the Defendant, told the Defendant at the above victim’s request, and H made a false statement to the effect that “H is aware of a large number of the students of each level school principal and the school principal. In particular, the principal of the I Middle School is the students of B’s school, and the relevant parties of the I Middle School Foundation are well aware of the students of the I Middle School Foundation. At the request of them, G would be employed as a sports teacher, which would change KRW 100 million.” In July 2013, the Defendant made a false statement to the same effect as the victim at the “K” restaurant near the J of Suwon-si in Suwon, Suwon.

However, in fact, the defendant had no intention or ability to employ the G as an I Middle School Sports Teachers in return for personal consumption by receiving money from the victim.

As such, the Defendant, by deceiving the victim, obtained a total of four times, including KRW 20 million from May 27, 2013, KRW 20 million from June 25, 2013, KRW 20 million from June 25, 2013, KRW 20 million from July 16, 2013, and KRW 15 million from January 3, 2014, from the victim to the account of community credit cooperatives in the name of the Defendant under the pretext of teaching funds for the employment of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The F statement made to the accused in the second interrogation protocol of the prosecution;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommending punishment] general fraud [the scope of recommending punishment] and basic area (one to one to half years of imprisonment] (one to half years of imprisonment]: Determination of sentence].