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(영문) 대구지방법원 서부지원 2018.04.26 2017고단1051
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 21, 2016, the Defendant: (a) introduced E to the victim on March 21, 2016, “D multilateral bank” operated by the victim C in Ulsan-gun, Ulsan-gun on March 21, 2016; and (b) stated that “A bank account in the name of F is transferred KRW 9 million for advance payment and one million for introduction to the national bank account in the name of F.”

However, at the time of the occurrence of a fixed occupation, the Defendant had no fixed income and had economic difficulties, such as debt owed to others, and E did not have any damage equivalent to nine million won and had the intent to use E and cash divided into money for the living expenses of the Defendant. Therefore, even if the Defendant received money from the damaged person, E did not have the intent or ability to have the victimized person work as an employee in the above multiples of employment.

The Defendant received money from the injured party under the name of F to the national bank account (G) in the name of F, by remitting KRW 10 million under the name of advance payment.

2. On March 22, 2016, the Defendant said on March 22, 2016, that “AD multilateral bank” operated by the victim C as stated in paragraph (1) around March 22, 2016, the Defendant told the victim that “AD bank operated by the victim C, “AD bank with H, with H AC, with an additional introduction of KRW 6 million and one million for introduction.”

However, at the time, the Defendant had no fixed income due to the absence of a certain occupation and had economic difficulties, such as having a debt to others, and H was not in a situation where H was able to work on a bridge, and was willing to receive money from the injured party for personal purposes, and therefore, H did not have any intent or ability to introduce him as an employee even if he received money from the injured party.

The Defendant received 7 million won from the injured party to the national bank account in the above F name, by remitting 7 million won under the name of advance payment, etc.

3. Violation of the Employment Stabilization Act; and

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