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(영문) 광주지방법원 2020.10.15 2020고단2598
사기
Text

A defendant shall be punished by imprisonment for two years.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

Around July 2017, the Defendant conspired with C (Death on January 30, 2020) and planned to acquire money from victims by means of false words as if the Defendant could find another person through D through the Defendant’s early Ka E working in D.

C said, around August 2017, at the French land below Gwangju, the victim F made a false statement to the victim F, stating that “I will find 60 million won as a correct person exists, and I will do so on the Jeju-do level.”

However, in fact, the above E was the director of the D Production Department, but did not have any influence on personnel affairs. The defendant did not have the intent or ability to find the victim's kys employed in D even if he did not receive the above money because he did not have any factual background in favor of the above E.

In collusion with C, the Defendant, by deceiving the victim in the above manner, and thereby deceiving it from the victim on August 18, 2017, respectively, deposited KRW 30 million under the same name as the amount for employment solicitation on August 25, 2017, and KRW 39 million among them, acquired it by means of division C, and acquired it from around that time to November 21, 2018.

Summary of Evidence

1. The defendant's partial statement in court and G of witness G;

1. Each prosecutor's protocol of examination of the accused;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. Each police statement to G, F, and E;

1. A copy of investigation report by the police on the statement B and F (the contents of telephone conversations with D Staff E);

1. Application of Acts and subordinate statutes of the recording book dated September 4, 2018, a copy of each letter of complaint, each letter of order, textbook, textbook (C), a recording (H-Defendant), a certificate of borrowing, a certificate of personal seal impression, each letter, each of the defendant's text, a certificate of seal imprint, C-Defendant's letter, financial transaction (entry fee), C-A record, C-A record, and C-E record of September 30, 2019;

1. Criminal facts;

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