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(영문) 창원지방법원 2019.09.04 2019고단1601

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

From the end of May 2014 to the end of May 2016, the Defendant directed D (victim E’s children) who are players of the said stable club, while guiding D (victim E) who is the players of the said stable club from the end of the said year to May 2016. Around May 2016, the Defendant was working as a supervisor of the relevant youth clubF.

Around August 2016, the Defendant introduced the victim at the G coffee shop located in Yangsan-si, a professor serving as a professor in the social sports department of H University with a deep friendship and as well as a supervisor of the sports department of the said university, and subsequently, entered the phone call with the victim on September 12, 2016, the Defendant made a false statement that “D would pass the screening for sports special reporters of H University at H University in 2017,” and “D would pass the screening for sports special reporters of H University at H University in 2017.” The Defendant also made a false statement that “A person needs to take personnel and need to bear expenses, which shall change KRW 15 million.”

However, in fact, the above D did not have the ability to apply for the examination of the above sports special reporters due to the relations with which he did not have participated more than 60% in the competition in the high school, the above I was only a part-time lecturer and a part-time supervisor who received wages according to the lecture hours, and did not have any connection with the above I’s business affairs, such as the selection of new students of the above university. Since the Defendant was willing to use the above money for other purposes, even if he received money from the victim, he did not have the intent or ability to pass the examination of the sports special reporters of the above university.

Around September 13, 2016, the Defendant received KRW 15 million from the victim in cash in the F Supervisory Office located in theJ of Kimhae-si on or around September 13, 2016.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A specification of transactions;

1. Application for admission to H University New Students (D), etc.;

1. The register of grades of occasional recruitment in the year 2017, the register of special reporters in the field of social, sports, and physical education for students from time to time in the year 2017, the register of special reporters in the field of social, physical education, and the register of special reporters in the field of occasional recruitment in the year 2017.