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(영문) 서울남부지방법원 2014.10.30 2013고단4586
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

On June 13, 2013, at the G office of Defendant A, an incorporated association for the operation of Defendant A, which is located in Guro-gu Seoul Metropolitan Government, on June 13, 2013, the Defendants stated that “The Defendant shall pay KRW 20,000,000 to the Victim H,” the Government’s subsidy per capita KRW 450,000,000, if the Defendant entered KRW 450,000,000. In lieu of the appointment of the head of the G branch, the Defendants said that “The Defendant shall pay KRW 20,00,000,000,000, if the amount of the subsidy per capita enters the Republic of Korea.”

However, G, a non-profit corporation, was a non-profit organization that was unable to arrange for employment, and there was no qualification to act as an employment agent for foreign human resources, so even if it received donations from the victim, there was no intention or ability to act as an employment agent for Chinese people in Korea.

The Defendants conspired in such a manner as above and deceiving the victim, and subsequently, transferred KRW 20,00,000 to the bank account (number I) in the name of G, an incorporated association, at a Chinese official bank located in the 24 June 2013, 2013.

Summary of Evidence

As to the defendant A

1. Each legal statement of the witness H and B;

1. Entry of the defendant in part of the protocol of interrogation of the first prosecution against the defendant A, and entry of H in the protocol of interrogation of the defendant;

1. Second prosecutor's protocol of examination of the defendant A;

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. The police statement of H;

1. Recording recording and reporting (fore, 426 pages of investigation records);

1. Complaints and accompanying documents;

1. As to the defendant B, public notice of the articles of incorporation, matters decided by the Foreign Manpower Policy Committee, and submission of materials (investigative records 372 to 397 pages);

1. Legal statement of the witness H;

1. The defendant's partial statement in the interrogation protocol of the prosecution concerning the defendant B

1. Second prosecutor's protocol of examination of the defendant A;

1. The police statement of H;

1. Complaints and accompanying documents;

1. Public announcement of the articles of association and decisions of the Foreign Manpower Policy Committee;

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