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(영문) 부산지방법원 동부지원 2017.07.13 2017고단730
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than four months with prison labor for a crime set forth in the judgment of the defendant.

(b).

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on July 7, 2015 to imprisonment with labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court's Jinju branch on July 7, 2015, and the sentence became final and conclusive on August 15 of the same month and is currently under suspended sentence.

[Criminal facts]

1. On July 2, 2010, the defrauded C, operated by the mother of the injured party C in Busan Dong-gu, Busan, performed work on July 2, 2010, and the injured party C, at the coast wharf in Busan Jung-gu.

5,00,000 won may be provided to a person who has the authority to employ him/her with money to find him/her as a cler of a new harbor container.

In the event that it does not exist, it would be ordered to return it.

However, in fact, the defendant was unaware of the person who has the right to be employed in the new harbor, and did not have the intention or ability to have the victims employed the children.

In addition, if the debts such as the installment payments at the time are repaid and the living expenses are paid, there was no profit in the remaining amount, and there was a lack of intent or ability to return the money to the above victim.

As such, the Defendant, as well as the Defendant, received KRW 5 million in cash immediately from the injured party who is believed to be genuinely aware of such fact from the said injured party, received the total sum of KRW 20 million from the time to September 13, 2012 as indicated in the annexed crime list by the said method, and acquired it as a job placement expense, by obtaining the delivery of KRW 20 million in total four times from that time.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) is a driver of the Eknife vehicle from April 23, 201, and did not obtain a driver’s license after the cancellation of the driver’s license.

On January 25, 2017, the Defendant driven the above car at around 16:50, and operated approximately 30 meters distance to the near road in front of the Jinju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and petition filed by the police against C;

1. Investigation report (as to attachment of a certificate of borrowing the victim submitted by the victim), loan certificate 1.

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