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(영문) 대전지방법원 서산지원 2014.12.18 2014고단904
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 53,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On July 2013, when the Defendant was committed as if he was the Vice-President of the Korea Railroad Corporation (Seoul) in Jung-gu, 2013, the Defendant was aware of the victim C’s mother to have been employed by the said Corporation, and had the victim wanted to be employed by the said Corporation.

1. On July 29, 2013, the Defendant received KRW 30 million from the victim, i.e., the victim, by making a false statement to the effect that “The Defendant is going to find employment of KRW 30 million for the street funds necessary for employment, because he/she has employed an employee in the Giopco-day, as he/she has employed an employee at the Giopco-day,” and received KRW 30 million from the victim.

However, the defendant was not the vice head of the Korea Railroad Corporation, and was not in the position to exercise influence over the employment of employees of the above Corporation, and there was no intention or ability to have the victim employed the above Corporation.

2. On August 28, 2013, the Defendant called the victim at a closed space of no more than a regular Eup/Myeon on August 28, 2013 and was employed by the victim’s mother to the effect that “I would have been employed by any other person more than money in employment during a short time. I would have been employed again after the two months, which would have been employed more than 33 million won on a day off a week, and would have been employed by the victim’s mother.”

9. Around October, 190, issued KRW 33 million in front of a bus terminal located in a regular Eup/Myeon-ro 13, a eight-lane-h in a regular Eup/Myeon.

However, even if the defendant received additional money from the victim, he did not have the intention or ability to have the victim employed the Korea Railroad Corporation.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 63 million from the victim for employment expenses.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. A report on internal investigation (the confirmation as to whether a person under suspicion was a worker at his/her bar);

1. Application of the statutes on a copy of the Kakao Stockholm conversation;

1. Relevant Article of the Criminal Act and Article 347(1) and Article 347 of the Criminal Act for the selection of criminal facts;

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