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(영문) 대구지방법원 경주지원 2018.09.05 2018고단343
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2014, the Defendant established and operated workplace childcare facilities by C University D in the non-permanent area of the racing and the racing on September 1, 2014.

If the lease deposit is prepared, it shall be possible to work as the president of the above nursery facility.

“A false statement” was made.

However, in fact, C University D Hospital did not have a plan to operate the workplace directly with the workplace, and the defendant did not know about the operation of the said nursery, and even if the loan company borrowed more than 40 million won from the loan company at the time and did not pay the excessive debt, it was planned to use the loan in repayment of the above personal debt, and even if it was planned to use the money from the injured party, there was no intention or ability to make the injured party pay the money as the deposit for the lease of the said nursery, or to have the injured party work as the president of the said nursery.

The Defendant, as seen above, received KRW 10 million from the injured party on September 25, 2014 as the deposit money for lease on or around September 25, 2014 from the victim to the E bank account under the name of the Defendant, and received a total of KRW 90,12 million over 13 times from around that time to October 8, 2015, as described in the attached crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to B;

1. In the investigation report (F telephone for a witness), investigation report (referring to the G telephone for a witness), investigation report (referring to the G telephone for a witness G telephone 2), investigation report (Attachment of a report related to the Cschool workplace childcare facilities), request for cooperation in investigation (Cooperation in submitting a report on whether to accept an employee of workplace childcare facilities), establishment and implementation of the standard childcare contract system for infant care allowances and infant care for the year 2016, establishment and implementation of the standard infant care contract system for the workplace childcare facilities, and implementation plan for the establishment of workplace childcare centers (information).

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