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(영문) 서울남부지방법원 2015.12.15 2015고단4750
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 1, 2014, the Defendant was sentenced to five years of suspension of execution from Seoul High Court to a violation of the Public Official Election Act at Seoul High Court on October 1, 2014, and the judgment became final and conclusive on October 9, 2014.

【Criminal Facts】

1. Around July 1, 2013, the criminal defendant against the victim C said, “E” at a “E restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government D, that read: “I would like to arrange the victim C to work for the Water Resources Corporation with a view to giving money from retainers and fees to the politicians.” and “In addition, the card value currently falls short of the current card value, and will be repaid within a number of days if I lend KRW 3 million.”

However, in fact, the Defendant did not have any ability or intent to have the victim employed the Defendant as the Water Resources Corporation, and there was no particular property or income at the time, and rather, the Defendant had a debt amounting to KRW 330 million, and there was no ability or intent to repay the debt even if borrowing money from the victim.

The Defendant received KRW 3 million in total, including KRW 2 million around July 1, 2013, and KRW 1 million around August 12, 2013, and received KRW 20 million around August 12, 2013 in terms of job placement service fees from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Around October 31, 2013, the Defendant against the victim F told the victim F to the “H” coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government, saying, “In this case, there exists any portion of his/her political right. Of advance payment and intermediary expenses, the Defendant would arrange for the job of the Party F to the Korea Railroad Facilities Corporation if he/she is the State.”

However, in fact, the defendant did not have any ability or intent to have the victim employed by the above Corporation.

The Defendant received KRW 20 million from the victim in terms of the same day job placement expenses, etc.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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