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(영문) 부산지방법원 동부지원 2016.05.30 2015고정1549
사기등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall intervene in the employment of another person for profit or gain benefit as an intermediary, unless otherwise prescribed by any Act.

On November 2014, the Defendant found the above restaurant from the restaurant of the main engine of the victim D in Suwon-gu, Busan, which was in the middle of November 2014, the Defendant: “The Defendant is friendly with the head of the Suwon-gu, and is well aware of the public officials of the Suwon-gu, and 30 million won is employed as the environmental U.S. dollars belonging to the Suwon-gu.

If there is no employment, it is expected to find employment in other places, such as a certified judicial scrivener office in which the Busan City tax office is located.

“A false statement” was made.

However, in fact, the defendant did not have any intention or ability to find the victim's children as a member of the Young-gu Office Environment U.S. dollars because he/she has no relationship with the head of Suwon-gu and relevant public officials.

After all, the Defendant received property equivalent to KRW 7 million in cash at the E coffee shop located in Busan Young-gu, around November 28, 2014, from the injured party, and took part in the employment of others for profit at the same time.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. A complaint;

1. Application of Acts and subordinate statutes of confirmation;

1. Article 347 (1) of the Criminal Act (the point of fraud), Articles 107 and 9 of the Labor Standards Act (the point of violation of the Labor Standards Act) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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