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(영문) 서울남부지방법원 2019.01.31 2018고단4058
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On January 2016, the Defendant, at G stores located in the Seoul Special Metropolitan CityF of North Korea, concluded that “A victim C will be employed as a regular production worker in the I Special Metropolitan City by referring to “A 30 million won in the name of expenses and personnel expenses, who will be employed as a regular production worker in the I Special Metropolitan City by June 2016 or August 2016, 2016.”

However, in fact, the Defendant did not have any special relationship with the personnel management authority regarding the employment of I as well as the Defendant did not exchange the contact with the I Vice-President, etc. who had a friendship, so even if the Defendant received money from the victim on the pretext of employment expenses, etc., the Defendant did not have any intention or ability to have the children employed in the IB as a regular production worker in the IBP.

Nevertheless, on January 31, 2016, the Defendant, by deceiving the victim as above, received a total of KRW 22 million from the victim to the K account under the name of the J as designated by the Defendant on January 31, 2016, and received KRW 10 million from the K account under the name of the J on February 26, 2016.

B. Around July 2016, the Defendant was aware of the victim’s son’s son’s son L by phoneing to the victim at an unclaimed area Seoul (Seoul) around July 2016 so that he/she can be employed as a regular accounting employee at the I.D.’s son’s son’s son. As such, 2 million won

However, even if the defendant receives money from the victim for the same reasons as the preceding paragraph, he did not have the intent or ability to have the victim's wife work as an accounting employee to the I.S. direct management agency.

Nevertheless, on July 17, 2016, the Defendant, by deceiving the victim as above, received 2 million won from the victim to the K account in the name of J designated by the Defendant and acquired it by defrauded.

2. Fraud against the victim B;

(a) A M. M.

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