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(영문) 대구지방법원 2017.11.03 2015노1162
사기
Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

The defendant shall be sentenced to six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles merely borrowed 130 million won from the victim D to the victim D, and the victim is appointed as the E-high school teacher as shown in the facts charged in this case.

There is no fact that the above money was acquired by fraud, and there was an intention of repayment and ability to repay at the time of next use.

B. The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged based on the evidence duly adopted and investigated by the lower court and the lower court, the Defendant would have employed the victim as a regular teacher as shown in the instant facts charged.

It is fully recognized that the victim has acquired a total of KRW 113 million by deceiving the victim.

(1) The victim, “The defendant, at the investigative agency in 201, will employ the victim as a regular teacher in E high school if he/she would pay 70 million won with the school development fund,” while he/she is the actual client of E high school in 2011.

“Around March 21, 201, the victim paid KRW 50 million to the Defendant in cash.”

The remainder of KRW 20 million was paid after appointment. However, around August 201, the Defendant paid KRW 20 million to the Defendant in cash upon the Defendant’s request that “The border area among the E High School sites should be paid in addition to KRW 20 million from the School Development Fund of the Republic of Korea”.

However, the Defendant was led only time without complying with the employment commitment, and the victim was already appointed by the president around August 201, 2012 through the E High School website around November 201.

Therefore, the victim requests the prosecutor to return money to the defendant, and the prosecutor will file a complaint.

On March 8, 2013, the defendant returned the amount of KRW 50 million as a check.

As such, the defendant sent a letter of apology to the president.

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