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(영문) 부산지방법원 2013.06.07 2013고합185
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A

A. On April 5, 2011, the Defendant: (a) promised the victim H to join the victim’s Lno union members, regular employment, lifelong employment, guarantee of lifelong work, and (b) five-day work at the J hotel coffee shop located in Busan Dong-gu I; and (c) “Lno union members, including the chairperson of the Lno union, have a relationship with the executives, such as the executives, will be employed as K members upon their request. To find employment, the Defendant said that the cost of KRW 50 million and the cost of the labor union need to be paid and provided.”

However, in fact, even if the Defendant received money from the victim under the above name as above, he did not deliver it to the L union executives, and attempted to use the money as full-time rent or insufficient living expenses for the Defendant’s children. As such, the Defendant did not have a pro rata relationship with the L union executives to guarantee the employment of the K. Therefore, the Defendant did not have any intention or ability to employ K.

As such, the Defendant, by deceiving the victim and deceiving the victim immediately thereafter, acquired KRW 15 million from the victim, KRW 20 million on May 9, 201, and KRW 15 million on January 9, 201, from each of the accounts of community credit cooperatives under the name of the Defendant, and acquired KRW 50 million in total from the victim.

B. On June 8, 2011, the Defendant against the victim M, in the “O” of the victim’s management of the victim’s M in Jung-gu, Busan, the Defendant promised the victim’s entry of the victim’s child P’s Lno union members, regular employment, lifelong work security, and five-day service per week. “There is a friendly relationship with the executives, such as the Lno union chairperson, etc., and will be employed as P members upon their request by them. For employment, the Defendant is required to pay the cost of KRW 50 million and teaching expenses, etc.

However, it was difficult to find out whether the Defendant is capable of being employed as a regular worker because the Defendant was not a regular worker but only a mere request for employment to B, who is the head of the Group No. 1 of the L Union at the time, and as agreed by the victim, it is possible to guarantee the regular worker of P.

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