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집행유예
(영문) 수원지방법원 2014.11.26.선고 2014고단1820 판결
사기
Cases

2014 Highest 1820 Fraudulent

Defendant

100 100 100 100 100

Accommodation-si

Reference domicile Kim

Prosecutor

Hexle (Lawsuits) and Kim Slovaia (Trial)

Defense Counsel

Attorney Kim Yong-name

Imposition of Judgment

November 26, 2014

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Facts of crime

1. On April 15, 2013, the Defendant conducted an official in charge of the Republic of Korea (hereinafter “Skbucks”), at the Kabscam coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, and provided that “The Defendant entrusted the operation right of an international school in the Kabscon zone to the Government of the Republic of Korea (hereinafter “the Government of the Republic of Korea”) and provided that “The Defendant would give a right to operate an international school campaign operated by the Government of the Republic of Korea (hereinafter “the Government of the Republic of Korea”) with deposit 30,000 dollars deposited to the Government of the Republic of Korea (hereinafter “the Government of the Republic of Korea”). The Defendant did not have any intent or ability to pay the money as the Kabsc. deposit even if he received the money from the victim.

As such, the Defendant, by deceiving the victim, obtained USD 30,00 from the victim, which was obtained 30,000 as a deposit to the Kaviterian Government for the right to operate the English camping Project from an international school.

2. On April 25, 2013, the Defendant: (a) was an employee of the said South ○ Company, who was aware of the Defendant as an employee of the said South ○○ Company, called the Defendant’s phone call to the head of the victim, △△△△, who was an official in charge of the Republic of Korea Kavia; and (b) made a false statement to the victim who was aware of the Defendant to the Defendant, who borrowed KRW 1 million from the victim, to pay off the following day. However, the Defendant was not an official in charge of the Republic of Korea Kavia, but did not have any intent or ability to repay the money from the victim.

As such, the Defendant, by deceiving the victim, received 1,000,000 won from the bank account in the name of the Defendant in the name of the victim, namely, the order of borrowed money from the seat, and acquired by defrauding the victim.

3. On June 12, 2013, at a restaurant located in Mapo-gu Seoul Metropolitan Government, the Defendant paid the Defendant to the head of the victim △△△△△, who was aware of the Defendant as an official in charge of the Government of the Republic of Korea of the Republic of Korea Canada, the Defendant paid the meal expenses incurred in the Republic of Korea on a preferential basis until June 16, 2013. The Defendant “A false statement. However, the Defendant was not an official in the Government of the Republic of Korea of the Philippines, but did not have any intent or ability to repay the meal expenses even if the Defendant paid the meal expenses preferentially to the victim.

As such, the Defendant, by deceiving the victim, had the victim pay for meal expenses of KRW 1,019,00 on behalf of the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. The defendant's partial statement in court;

1. Each legal statement of the witness in South Korea and the head of Si/Gun/Gu;

1. Part of the statement made to the defendant in the police interrogation protocol;

1. Statement of prosecutorial statement concerning South ○○;

1. Statement of the police statement of the South ○○○ and the head of Si/Gun/Gu;

1. Each investigation report (a letter attached to the e-mail attachment of the submission to South ○○○, and a letter attached to the Gyeongbuk-do Office in relation to the visit to the Kavia Institute);

1. The official text and details of transactions in Kaba, branch offices;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Judges

Judges Lee Jae-tae

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