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(영문) 수원지방법원 안산지원 2018.07.25 2017고단3745
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 28, 2012, the Defendant stated the facts charged as D, a complainant, who is located in the cross-section in Seocho-gu Seoul Metropolitan Government, around October 28, 2012, was the victim, but he served as the victim to connect the client and deliver the money. The victim actually corrected the facts charged ex officio, as it is reasonable to view it as F to have paid money in the pretext of solicitation.

“E shall transfer KRW 20,000,000,000 to be employed in the port of port and port unions.”

“.....”

However, even if the defendant receives 20 million won from the complainant, he did not have the intention or ability to find employment in the port and transport union of the above E.

Nevertheless, on November 1, 2012, the defendant deceivings the complainant as above, and received KRW 20 million from the money paid by the victim F as the solicitation for employment of the E on November 1, 2012 through the complainant’s account in the name of G (H) managed by the defendant through the complainant on the same day.

Accordingly, the defendant deceivings the complainant, thereby deceiving 20 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Each legal statement of witness D and I in part;

1. Details of deposit transactions and a detailed statement of account transactions in the name of G;

1. In the investigation report (written judgment of the accused's fraud case), [the fact that the accused received 20,000 won from the complainant to request employment of E at the time of the crime committed in the judgment of the accused and consumed most for personal use such as living expenses, etc., such as living expenses, and confirmed the employment conditions of the port union through E through I by the Chairperson of the Korea Entertainment Information Labor Union Chairperson, but the fact that the employment conditions of the port union did not meet the employment conditions is recognized by the accused, and since this is consistent with the relevant evidence, it is recognized that the accused did not have the ability to find employment in the above E in the port union.

B. In full view of the following circumstances revealed by the evidence examined by this Court:

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