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(영문) 서울북부지방법원 2018.09.14 2018고단1261
사기
Text

A person shall be punished by imprisonment with prison labor for not less than four months for a crime set forth in the holding of the defendant, or for not less than ten months for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

[criminal records] On February 11, 2015, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Central District Court on February 17, 2015, and the above judgment became final and conclusive on February 17, 2015, and paroled on October 28, 2015 during the execution of the sentence in the original prison on parole on October 28, 2015 and passed on December 5, 2015.

[2018 Highest 1261]

1. The Defendant operated Kimchi Distribution Business Co., Ltd., Ltd. in the head of Mapo-gu Seoul Metropolitan Government building C.

Although the Defendant did not have been appointed as F by the former president, he distributed the printed name of “EF A” to the person surrounding it, and kept the paintings attached with the original text of “E” in the office of the said corporation, as if there was a considerable relationship with the former president, and was committed with the victim G to obtain money from the victim G as activity expenses for the solicitation of employment of the president of H university.

On June 2014, the Defendant issued a written order to the victim at the office of the above D Co., Ltd., Ltd., the Defendant stated that the Defendant “it is currently the President E in Korea, who is well aware of the Minister for Employment and Labor, may have the president of H University, who is in friendship with the president of H University, and is in need of 20,000 won in cash,” and that “the contact is needed to receive documents” at the same place around July 2014, the Defendant stated that “at the same time, 30,000 won in cash is needed.”

However, the defendant had no intention or ability to employ the victim as the president of H university, such as he/she has used the money received from the victim for personal purposes and has no relative person with H university.

Ultimately, the Defendant, by deceiving the victim, received cash KRW 20,000 and KRW 30,000 in cash from the victim on July 7, 2014 and on August 24, 2014.

[2018 Highest 1758]

2. The Defendant: (a) around August 2016, at the JJ located in Jung-gu Seoul, Jung-gu, Seoul; (b) KRW 1.5 billion to the Victim K in China.

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