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(영문) 창원지방법원 진주지원 2014.01.08 2013고단1213
사기
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[Defendant B] On December 21, 2012, Defendant B was sentenced to the suspension of the execution of two years and six months for the violation of the Act on the Control of Narcotics, Etc. (fence) at the Changwon District Court's Jinju branch on December 21, 201, and the said judgment became final and conclusive on June 29

【Defendant A is a person working as E-middle School Sports Teachers, and Defendant B is a person who operates F as Defendant A’s third party.

On January 2012, at the end of Jinju-si, the Defendants falsely told the victim H that “it is planned to employ a teacher in technical and family subjects in I High School in 2012, with the cost and case expenses, to employ his/her father as a regular teacher,” from the F Office operated by the Defendant B in G at the end of Jinju-si.

However, even if the defendants received money from the victim, they did not have the intention or ability to employ the victim's father/child as regular teachers at I high school.

As a result, at the above F Office on February 5, 2012, the Defendants conspired and received a cash of KRW 80 million ( KRW 50,000,000) from the victim under the pretext of honorarium and teaching expenses.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of H in the suspect examination protocol of Defendant A by the prosecution;

1. Statement of H in the police statement on Defendant B

1. The police statement of H;

1. The president of the H’s complaint;

1. Cash custody certificate;

1. An investigation report (in relation to a plan for employing teachers of I high school in year 2012),

1. Previous convictions: The application of Acts and subordinate statutes to criminal records and reports (B) as a result of confirmation of the existence of each disposition;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. Defendant B who dealt with concurrent crimes: The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act is that the Defendants repent the wrongs, and Defendant A’s repayment of the amount of KRW 20 million out of the amount obtained by the defrauded to the victim, and the victim did not want the punishment against Defendant A, and the victim wanted to have the preference against Defendant B, and Defendant B.

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