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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant, who became aware of the introduction of his journalist, used the fact that the victim E (30 years of age) was about employment issues, to receive money as compensation for employment.
On February 2, 2008, the Defendant introduced the victim as a sarker or himself at a mutual infinite office located in Ulsan Nam-gu, Ulsan-gu as a sark, and stated that “The Defendant may find employment as he has a lot of believers and many people around it.”
3. At the first patrolman’s office, the victim did not appear to be employed by the labor union chairperson to the company, etc. located in the modern automobile, modern heavy industry, and petroleum chemical complex. In order to find an employment with a direct management company, the direct management company made a false statement by stating that the person related to the labor union should be entrusted with personnel management, which is KRW 30 million.
However, the defendant did not have the intention or ability to find the victim employed by the above company.
On March 26, 2008, the Defendant received from the victim the transfer of KRW 20 million from G to G Han Bank account, which is an account of FF corporation that was a director under the pretext of personnel solicitation, and the same year.
4. The same year, upon receipt of a remittance of 10 million won to the account of one bank under the same name;
4. The same name is 20,000 won in cash;
Accordingly, the Defendant, by deceiving the victim, received a total of KRW 33 million over three times under the pretext of personal solicitation necessary for employment.
Summary of Evidence
1. Each testimony of witness E and H;
1. Application of the receipt statute
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The gist of the assertion is H’s statement that “Any person who intends to be employed in I may be employed on a condition that he lends 30 million won to another.”