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(영문) 부산지방법원 2019.08.29 2019고단759
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On March 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and one year of imprisonment with prison labor at the Busan District Court, and completed the execution of the sentence on May 18, 2014.

【Criminal Facts】

Around April 24, 1981, the Defendant was employed as a member of B (hereinafter “B”) and was willing to obtain money from May 17, 2010 to November 26, 2012 as a general member of C branch, from November 27, 2012, the Defendant was willing to use the former status as the head of the branch office, and was willing to obtain money from those who wish to be employed in B or those who wish to be promoted in B by using the former status as the head of the branch office from November 27, 2012.

1. Around December 2014, the Defendant, who violated the Labor Standards Act, made a false statement to the effect that “The Defendant sent a solicitation money to the victim G through the Busan Y apartment-gu D apartment EF, Busan, to the end of December, 2014, to the effect that “The amount of KRW 40 million to reduce the employment of the children in B by getting employed in B.”

However, even if the defendant received money from the victim, he was thought to use it for personal purposes such as living expenses, etc., and he did not have any intention or ability to get the victim's children H to work in B.

As above, the Defendant deceiving the victim, received the said amount of KRW 40 million in cash at the same time from the victim, and acquired it by fraud, and participated in the employment of others for profit.

2. Around January 2015, the Defendant made a false statement to the effect that “The Defendant, at the K coffee shop located on the first floor of the Jin-dong, Busan, Busan, would deliver solicitation money to the victim F, thereby promoting the promotion, thereby changing the victim F to KRW 80 million.”

However, even if the defendant receives money from the victim, he was thought to use it for personal purposes, such as living expenses, and there was no intention or ability to promote the victim to B.

The defendant deceivings the victim as above and is deceiving him.

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