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(영문) 광주지방법원 2012.08.30 2012고단2248
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

The Defendant, while serving as the professor of “E University” in Gangnam-gu, Jinnam-gun, sought to be employed as a professor of the pertinent university in around 2008, had expressed a friendly relationship with the president of the said university, the president of the relevant personnel committee, and the professor of the personnel committee. The Defendant told the victim to be employed as a professor by preparing for KRW 150 million in the name of the school development fund, and KRW 20 million in the name of the president and the personnel committee professor of the relevant personnel committee.

However, the defendant did not have the ability of the victim to be employed as a professor by exercising his influence over the president and the professor of the personnel committee, and even if he received money from the victim, he did not have an intent to affect the employment of professors by using the personnel expenses.

Nevertheless, on January 2010, the Defendant issued 20 million won in cash to the victim at any coffee shop near the Dong-dong-gu Seoul metropolitan apartment zone around February 9, 2010, by stating that “The Defendant has a TRO for teaching staff, first of all, demands to use 20 million won as personnel expenses.”

After that, the Defendant received KRW 5 million from the victim’s agricultural bank account on February 16, 2010 and KRW 5 million from the Defendant’s foreign exchange bank account on March 9, 2010, respectively, by making false statements that the personnel expenses related to the employment of professors need to be added.

Accordingly, by deceiving the defendant, the victim received 30 million won from the victim as a personnel fee for teaching.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol of statement to F;

1. The crime of this case committed by the defendant for the reason of sentencing under Article 347 (1) of the relevant Act and Article 347 (1) of the Criminal Act concerning criminal facts is very bad to commit the crime of this case by acquiring money in the name of expenses relating to the employment of professors.

On the other hand, the defendant has recognized all the facts charged of this case and sought countermeasures, and the defendant can pay attention so far.

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