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(영문) 서울중앙지방법원 2013.05.24 2012고단136
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 2009, the Defendant stated that “the victim, who was aware of employment of ASEAN at the victim D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, would have been employed as a function of modern iron industry through the executives of the modern iron industry, and would have changed to KRW 100 million as entertainment expenses. If the employment is known, the Defendant would return money until August 30, 2009.” The victim was transferred from May 4, 2009 to the national bank account in the name of the Defendant.

However, since the defendant was unaware of the executives of the modern file, he did not have any ability to get the victims to work in the modern file.

As above, the Defendant was issued KRW 30 million by deceiving the victim.

2. On July 2009, the Defendant stated that “E was unable to enter the modern iron, but instead, upon request from the highest executive officer in the F-Functional Department, he would be employed by the company.” At that time, the above E submitted an application for membership to F, and submitted it to the F for an interview, and waited for a physical examination.

On September 17, 2009, the Defendant stated that “E passed a F interview and passed a physical examination only because E passed the physical examination,” and that “on September 30, 2010, the Defendant would return money until September 30, 2010 if he became aware of employment,” and received money from the victim to the national bank account in the name of the Defendant on the same day.

However, because the Defendant was unaware of F’s executive officers, he did not have the ability to employ E to F, but only requested H, who was merely a field worker of F, to find employment of E.

As above, the Defendant was issued KRW 70 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the defendant (including the part contained in D's statement);

1. The police of D. D.

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