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(영문) 전주지방법원 2018.05.10 2017고단2610
사기
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for a year and April.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Defendant D’s criminal records] On November 26, 2015, he/she was sentenced to a suspended sentence of one year and six months to imprisonment with prison labor for a violation of the law of defense, etc. at the Jeonju District Court on December 4, 2015, and the judgment became final and conclusive on December 4, 2015. On February 17, 2016, Defendant D was sentenced to eight months of imprisonment with prison labor for a crime or an attempted crime, and the judgment became final and conclusive on April 22, 2016.

[Criminal facts]

1. Defendant A, C, and D related to the victim H-related Defendant A committed the fraud solicitation, around October 2013, following the victim H’s request to request the employment of the I Company Cooperation Company to the Defendant D and C. The Defendants offered that the Defendant would have received money from the I Company Cooperation Company upon receipt of the victim’s request. The Defendants offered that the Defendant would have received money from the I Company Cooperation Company only once a year after being employed by the I Company “J”, an outside subcontractor of the I Company. The Defendants offered that the Defendant would have received money from the Defendant for employment.

Defendant

A around November 23, 2013, on the way in which the U.S. Co., Ltd. was located in the U.S., the U.S. A received 43 million won a 1 million Won check for employment in the I company subcontractor. On November 27, 2013, the Defendants met the victim before the J, who was in the U.S., the E., the E., the E.S., the E., the E. E., the E., the E.S. company outside the I company, and was employed for only one year, by having the victim work in the I company partner, and having the victim work in the J., the E.S.., the E., the E.S. company outside the I company.”

Defendant

A served as Defendant D at the front of the Young Pungdong Community Center located in the Si of the preceding day after several days, and Defendant D served as Defendant A with KRW 5 million among them, and Defendant D served as Defendant A with KRW 12 million, and the remainder KRW 13 million.

However, even if the injured party is one year from the above "J", it could not be known that the injured party would be employed by the I company partner, and in addition, the Defendants did not have the intent or ability to have the injured party employed by the I company partner.

As a result, Defendant A shall acquire 13 million won from the injured party, and the Defendants shall be the defendants.

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