(영문) 부산지방법원 2012.12.06 2012고단6556

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(영문) 부산지방법원 2012.12.06 2012고단6556

사기

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1. The defendant shall be punished by a fine of twenty million won;

2. 50,000 won where the defendant does not pay a fine.

Reasons

Punishment of the crime

On April 2008, when the husband of the injured party dies as an industrial accident, the accused has received the amount equivalent to KRW 200 million, and he has attempted to acquire it by deceit.

Around September 5, 2008, the Defendant, at the office of the Defendant located in Busan Seo-gu, Busan, stated, “The Defendant well-known the Ulsan Heavy Industries E, which is a second line of learning in the Republic of Korea, and gave employment to the Defendant through the young children and neighboring children’s friendships E. The Defendant changed the amount of KRW 20 million with the capital of KRW 20 million with the capital of KRW 20 million for employment in the modern Heavy Industries.”

However, in fact, the defendant did not have the intention or ability to find the victims' children employed in the modern middle industry.

As such, the Defendant, by deceiving the victim as such, received KRW 20 million from the Defendant’s post office account on the same day as the street funds.

Summary of Evidence

1. Each police suspect interrogation protocol of the defendant (the part of the defendant's statement and the part of the interrogation);

1. Statement to C by the police;

1. Investigation report (No. 14 evidence submitted by the public prosecutor);

1. The Defendant asserts that the victim received KRW 20 million from the victim as stated in the facts constituting a crime, but rather received KRW 20 million from the victim’s husband’s husband, not from the victim’s husband’s husband’s husband, and received KRW 20 million from the victim.

However, in full view of the evidence submitted by the prosecutor and the circumstances described in paragraphs (1) through (4), it can be recognized that the defendant deceivings the victim for employment solicitation as stated in the facts constituting a crime and received KRW 20 million.

① At the time of receiving KRW 20 million by the Defendant (the Defendant asserts on October 2008), the fact that the Defendant told the victim to find out the place of employment is recognized.

② The Defendant was aware of the victim’s employment jobs through the regular occupation of the modern middle industry.

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