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(영문) 의정부지방법원 2012.10.18 2012고단1702
사기
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

2. Of the facts charged against Defendant A, the sequence 4, 5.

Reasons

Punishment of the crime

Defendant

A is a person who serves as an E-high school sports teacher.

Defendant

A around October 25, 2011, he/she listens to the speech that the victim G would have the victim G as a sports teacher from F, a high school sports teacher, to be employed as a sports teacher, he/she may get the victim to find employment through B, a professor of H University, who is a student of H University, with the victim's telephone amounting to KRW 150 million.

The teachers and staff have only one place, so today as H University, B professor shall be sent to H University.

The term "H University I and the professor B" were sent to H University I on the same day.

However, the fact was that the H University did not have a special bond system for the teachers and staff and there was no plan for the employment of the teachers and staff, and even if the defendant A did not have the intent or ability to employ the victims' children as the teachers and staff, the defendant A attempted to use the money received from the victims for investment in stocks or personal debt repayment.

Defendant

A, as above, by deceiving the victim and receiving 30 million won from the victim, around October 26, 201, at the first floor coffee of the Gangnam-gu Seoul J hotel, from around December 15, 201, A received a total of 150 million won from around three times, as described in the [Attachment 1 to 3] list of crimes, from December 15, 201.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness G, K and F;

1. Part of statements made L in the interrogation protocol of the prosecution against A (the third, the comparison) ;

1. Part of the statement made L in the interrogation protocol of the prosecution as to B (the fifth, the substitution);

1. Statement by the prosecution concerning L;

1. Cash custody certificate;

1. A copy of a bankbook;

1. A report on investigation (report on confirmation of check number);

1. Investigation report (Attachment of a written confirmation on details of issuance of checks);

1. Detailed statement of payment of cashier's checks;

1. Application of investigation reports (Submission of details of accounts with new financial investment account in the M name) Acts and subordinate statutes;

1. Defendant A of the pertinent legal provision on criminal facts: The reason for sentencing of Article 347(1) of the Criminal Act (generally, imprisonment with prison labor) (the amount of damage caused by the instant crime) (Defendant A), and the amount of damage.

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