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(영문) 서울남부지방법원 2017.11.22 2017고정1304
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who intends to operate a fee job placement business shall register with the head of the Gu having jurisdiction over the location of the principal place of business;

Nevertheless, the Defendant did not register a fee job placement service, from June 7, 2010 to February 23, 201 of the same month, introduced D, E, etc. to a business establishment, such as G tea operated by F, and received KRW 700,000 per person under the pretext of job placement expenses.

2. On June 27, 2010, the Defendant made a false statement to the victim F, who operates a G tea at an insular place, that “The Defendant sent a phone call to the victim F, who introduced female employees to the multilateral bank, 50,000 won under the pretext of the test introduction cost.”

However, in fact, the defendant did not have any money during the time and thought that he would receive money from the injured party for personal expenses, so even if he received money from the injured party for the purpose of introducing him, he did not have any intention or ability to introduce him.

Nevertheless, the defendant was given 50,000 won to the injured party under the pretext of introduction.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A complaint filed by the F;

1. Application of the Acts and subordinate statutes on the transaction of passbooks and the details thereof;

1. Article 347(1) of the Criminal Act of the same Act concerning criminal facts (the point of fraud), Article 347(1) of the Occupational Stabilization Act (amended by Act No. 1039, Jun. 4, 2010); and each choice of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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