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(영문) 부산지방법원 2017.01.12 2016고단5407
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 25, 2010, the Defendant against the victim C is expected to have a job employed by the Defendant’s operator E of the Plaintiff’s D market 229, Busan Young-gu, Busan, and F, a branch of F, with the intention of having the Defendant employed KRW 10 million under the pretext of know-how.

“F made the victim F make a false statement to the victim C for the same purpose.”

However, in fact, the defendant did not know the president of the old passenger union and did not think that the above money would be consumed by the defendant, but did not have any intention or ability to have the injured person employed as the city bus driver.

The defendant deceivings the victim as above and received a copy of the KRW 10 million check from the injured party around that time.

2. On January 30, 2010, the Defendant against the victim G calls that “A bus driver has been assigned, and if 10 million won is brought, she may be employed.” The Defendant made F make a false statement to the victim G through H, I and J to the effect that “A bus driver has been assigned, and 10 million won is identified,” and that F made it false to the victim G through H, I and J.

However, in fact, the defendant did not know about the person related to the bus company and did not have any intention or ability to have the victim work as an urban bus driver.

Accordingly, the Defendant, as seen above, was informed of the victim on February 1, 2010 by deceiving the victim and received 10 million won check via J, I, and H from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against H and F;

1. Each police statement made to C, G, J, and I;

1. Certificates of cash custody;

1. Investigation report (for example, 7, 11, 14, 16, 18, 40, 44, 47 on a net basis);

1. Application of Acts and subordinate statutes to a copy of the pre-entry and withdrawal slip, a copy of the Saemaul Treasury, and a check number certificate;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Aggravation concurrent crimes;

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