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광주지방법원 2015.08.27 2015고단2098
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On December 27, 2012, the Defendant was sentenced to four years of suspension of the execution of imprisonment for embezzlement at the Gwangju District Court on July 5, 2013 (hereinafter “previous conviction”), and the judgment became final and conclusive on February 21, 2014, on March 1, 2014, by sentenceing three years of suspension of execution at the Gwangju District Court on one year and six months of embezzlement, and on May 28, 2015, the said judgment became final and conclusive on June 25, 2015.

(hereinafter referred to as “third preceding offense”). On July 2014, the Defendant made a false statement to the victim E at the D' office where the Defendant in the Southern-gu Seoul Metropolitan Government and the third floor work for the Defendant, saying, “The Defendant is going to publish and hire street cleanerss at the Southern-gu Office of Gwangju on December 1, 2014, and will have him/her be employed at face of KRW 21 million.”

However, the defendant only planned to look at the victim's employment request from Gwangju F, and there is no fact that the defendant would give a definite answer that he would have employed the victim from the above F. Moreover, the disclosure and employment of street cleaners is conducted through the document screening and interview, and in particular, three external examiners, including two professors and one civil organization personnel, are interviewed to determine the success of the above employment, so the other head of South Korea could not exercise influence. Therefore, even if the defendant received the money from the victim as a job placement, there was no intention or ability to allow the victim to be employed.

On July 31, 2014, the Defendant received KRW 70,000 from the victim to the account in the name of the Defendant as entertainment expenses, received cash of KRW 5 million on August 6, 2014, and received KRW 1 million on the same day as the Defendant’s account, and received KRW 15 million in cash on September 18, 2014.

Accordingly, the Defendant was given a total of KRW 21,070,000 by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G and H.

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