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(영문) 대전지방법원 천안지원 2018.04.06 2017고단1978
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On August 24, 2016, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Cheongju District Court, and the judgment was finalized on September 1, 2016.

1. On October 2, 2015, the Defendant: (a) around September 2, 2015, at the E-cafeteria located in the south-gu Seoul Metropolitan City, Nam-gu, Seoul Metropolitan Government, the Defendant provided the victim G with the name of the H factory head who works for H through F.

The employment of 10,000 won shall be provided by one person per week under the pretext of job placement expenses.

“...”

However, in fact, the Defendant, upon requesting the president of H Factory to make a simple recommendation that is not a certain one year prior to the date of employment, delivered to F as if he could have been employed definitely. Even if he received money from the injured party, he thought that he would be used as a personal debt or business fund, so that he did not have any intent or ability to allow the injured party to arrange employment.

Accordingly, the Defendant, as seen above, was accused of the victim and was delivered KRW 10 million to the victim around October 2, 2015.

2. On December 15, 2015, the Defendant, on December 15, 2015, may allow the victim to receive the project that was separated from the original judgment through F in an infinite place on December 15, 2015.

I would arrange that a person who is a person will receive a project from the Daegu City as a principal of the project in terms of the activity expenses, with two pro ratas.

“...”

However, even if the defendant received money, he thought that he will use it as a business fund, so that he did not have the ability or intention to conclude the business owner who was separated from the court below.

Accordingly, the Defendant, as seen above, was accused of the victim and received KRW 3 million from the victim on December 15, 2015.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A written statement;

1. A protocol concerning the examination of suspect with respect to F (two times);

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, (A), report on investigation (Attachment to the judgment of the relevant case), and application of the text of the judgment;

1. Criminal facts;

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