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(영문) 대구지방법원 2011.12.13.선고 2011고단4519 판결
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Cases

2011 Highest 4519 Fraudulent

Defendant

OO***************), non-service workers

The residence omitted.

Place of Registration omitted

Prosecutor

Red iron

Defense Counsel

Attorney***(Korean National Assembly)

Imposition of Judgment

December 13, 2011

Text

Defendant shall be punished by a fine of 6,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

The defendant is a person who has served as a teacher of a high school****** high school teacher from November 1, 1995 to April 11, 2008.

On January 15, 2008, the Defendant: (a) around 11:30 on January 15, 2008, the victim A who had worked as a fixed-term teacher at a hotel***** in the school in 2008 * in the first place of study * in the school * in 2008 * in the first place of study * in the first place of study upon request from the president of the Foundation; (b) in the first place of education, the Defendant would immediately be appointed as a fixed-term teacher. On the other hand, 50 million won is necessary. On the other hand, the remaining 30 million won in the second place of education is lent to the president of the Foundation, and the Defendant sent the victim a telephone and text message to the president of the Foundation on the 20th of the same month, and sent the victim a false solicitation of appointment 5 million won in the first place of education and delivery to the president of the Foundation on the 20th of the same month.

However, the defendant needs to pay money to children studying in China and to pay interest on loans to financial institutions, and only makes such false statements to the victim, and there was no intention or ability to appoint the victim as a fixed-term teacher or a fixed-term teacher in solicitation of the president of the Foundation.

The Defendant, by deceiving the victim as such, received 30 million won in total from the victim to the Defendant’s new bank account in relation to his solicitation to appoint fixed-term teachers and regular teachers, and received 20 million won in total from the victim to the Defendant’s new bank account on January 15, 2008, 23.5 million won in the same month, and 30 million won in the same month.

Summary of Evidence

1. Defendant's legal statement;

1.*** Each police protocol of statement against A

1. The personnel record card of public educational officials, report on the retirement of teachers of private schools, each school foundation* the council of the Education Foundation, report on the appointment of private school principals and fixed-term teachers acting as assistant principals, loan certificates, transfer certificates, the copy of the Daegu Bank's deposit passbook, the statement of cellular phone messages, and the text of the message;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Although it is very poor to commit the crime, considering the fact that there is a confession and reflect on the crime, the entire amount of the principal and the full return of the principal and the agreement with the victim, the sentence like the disposition is sentenced in consideration of the fact that the victim acquired money and valuables from the victim on the basis of the request for appointment of the reasoning teacher in the sentencing of Article 334(1) of the Criminal Procedure Act

Judges

Judges Kim Gung-sung

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