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(영문) 광주지방법원 2016.12.14 2016고단3230
사기등
Text

Defendant

The punishment against A shall be one year and two months, and the punishment against Defendant B shall be ten months, respectively.

(b).

Reasons

Punishment of the crime

The Defendants, together with the Defendants, conspired to collect employment fees from persons who wish to be employed as professors at the F University in E (G University changed from “G University”) to “F University” on October 209, to divide them into two parts.

Defendant

B around May 2012, at the office of Defendant B located in Gwangju-gu, Gwangju-gu, the victim J referred to “I” to introduce Defendant A to the victim J as a professor on the following grounds: (a) Defendant A made a false statement to the victim that “I will be employed as a professor on the relationship with the founder of the F University; and (b) Defendant A would be employed as a professor of social welfare department upon request of the founder of the F University to the founder of the F University, who is a special assistant of the founder of the K, and KRW 100 million.”

However, in order to be employed as a professor of a private school, he/she must pass an employment examination through fair competition in accordance with the relevant laws, articles of association, etc., and KK, which is the founder of a F University, was sentenced to imprisonment with prison labor for three years at the Gwangju District Court on May 23, 2012, which was sentenced to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the time of the appellate trial. The Defendants did not have the right to employ professors, and even if they did not receive KRW 100 million from the victims,

Nevertheless, on June 2012, the Defendants received KRW 100 million in cash from the victim’s office in return for the employment of professors at F University.

As a result, the Defendants conspired, by deceiving the victim as above, obtained KRW 100 million from the victim, acquired it by fraud, and participated in the employment of others for profit, not in accordance with the law.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement by J among the interrogation protocol of the police against the Defendants (2 times)

1. Copies of each cash custody certificate;

1. Application of Acts and subordinate statutes of a report on investigation (in addition to a written judgment, etc.), (in the face of 160 pages for investigation records), 1.

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