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(영문) 광주지방법원 2018.09.06 2017고단3005
사기등
Text

The defendant shall be sentenced to 10 months of imprisonment with prison labor and 6 months of imprisonment with prison labor for the crimes of paragraphs (1) and (3) of the judgment of the court.

Reasons

Punishment of the crime

[criminal records] Defendant 1 was sentenced to two years and six months of imprisonment with prison labor at the Gwangju District Court on October 10, 2014, and the judgment became final and conclusive on October 18, 2014 on March 26, 2016. ② On June 9, 2016, Defendant 1 was sentenced to one year of suspension of execution for four months of imprisonment with prison labor for fraud, etc. in the Gwangju District Court’s interest support, and the judgment became final and conclusive on June 17, 2016. ③ On May 31, 2017, Defendant 1 was sentenced to six months of imprisonment with prison labor at the Gwangju District Court for fraud, etc.

[Criminal facts]

1. Violation of the Act on Fraudulent and Labor Standards (2017 order 3005) The Defendant, via B around June 2013, through the office of the victim D in the Nam-gu Nam-gu Seoul metropolitan area, would allow the victim to work on a motor vehicle with a face of KRW 40,00,000 for expenses for employment solicitation.

“The phrase “ was false.”

However, even if the defendant receives money from the injured party as the expense for employment solicitation, he did not have any intention or ability to employ the injured party's children as an automobile employee.

On July 3, 2013, the Defendant: (a) by deceiving the victim; (b) obtained 35 million won from the victim to the Agricultural Cooperative account under the name of the Defendant on July 3, 2013; and (c) obtained 5 million won from the same account on August 5, 2013; and (b) obtained 35 million won in total from the victim; and (c) participated in the employment of others for profit instead of following the law.

2. Fraud (2017 Highest 4647) The Defendant, around April 26, 2016, at a coffee shop, who does not know the trade name in the Seocheon-dong, Seo-gu, Gwangju, Gwangju, “a provisional attachment is made on real estate in the inside, and there is a need for money to cancel provisional attachment.

The provisional seizure made a false statement that "to obtain a loan as security and repay the land in lieu of the loan," if the land is grassed.

However, in fact, the defendant did not possess the real estate which was provisionally seized in the name of the defendant, and in relation to the termination of provisional seizure of the land during the door, he has received any authority from the land owner.

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