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(영문) 광주지방법원 2013.07.18 2013고단1711
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 2, 2008, the Defendant stated that “B shall write down a 50 million won if the Defendant entered the business from among the modern ginseng in the Young-gun, with well-known knowledge of the high-ranking executives of the industry from among the modern ginseng in the Young-gun,” and that “B shall find the Defendant as a regular employee in the business from among the modern ginseng.” However, if the Defendant entered the business from among the modern ginseng, the annual salary is high. However, if the Defendant is a regular employee, he must write down the 50 million won.”

However, in fact, the defendant did not know not only the persons related to the company, such as persons in charge of personnel management, etc. who are in a position to find the victims employed in the three industries in the modern era, but also did not know about the persons related to the company, and even if he was planned to lend the money received from the victims to the lender or to consume the money individually, he did not have the intent or ability to pursue the victims' children to the three industries in the modern era.

Nevertheless, around April 20, 2008, the Defendant received KRW 50 million from the victim for employment solicitation in the industries from the modern ginseng.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. The Defendant asserts that the above money is merely a simple loan, not a money in the name of employment solicitation, on the grounds that the victim reversed the statement one time at the investigative agency’s withdrawal of the complaint, and that the loan certificate related to KRW 50 million was prepared.

However, there is no special relationship between the defendant and the victim, and the victim is a person who has no sufficient financial resources as a staff member of the cleaning service company, and this victim has received a large amount of loans from the victim, and even without any security interest agreement, and even without any agreement.

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