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(영문) 대전지방법원 2017.11.02 2017노1089
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The Defendant, under the pretext of misunderstanding of facts, received a total of 1.5 million won from the injured party under the pretext of intending to place the injured party in employment in the E-related business, and actually was likely to receive a subcontract for E’s civil engineering work;

The F Construction G promises to find a victim and give employment to the victim, but the F Construction was unable to receive a subcontract for E civil engineering work due to unexpected reasons, so the employment of the victim is no longer available. Therefore, the defendant did not have the intention to obtain fraud.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that: (a) the Defendant’s deception of the victim with no particular ability to find employment in E or related enterprises and received cash KRW 1.5 million from the injured party for the expenses of employment by deceiving the victim; and (b) fraud by deception constitutes deception.

2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court’s judgment, i.e., the Defendant was in connection with E.,

Sinsi-si was known to the general public.

C through C, the victim of C’s high-speed ship will give employment to E or related business entities and demands the victim to pay money for the expenses. The victim's delivery of the sum of KRW 1.5 million to the defendant through C, and the defendant will be allowed to give a subcontract for E-related construction to G that operates F construction.

Under the premise of the promise, G requested the victim to find employment in F. G, and G accepted the above proposal. However, the Defendant did not have a position to participate in the subcontract of E construction, and did not provide any help for F construction construction works (K, which introduced the Defendant as a person in charge of E, sent drawings irrelevant to the relevant construction work to G and sent the drawings irrelevant to the relevant construction work, was the next day), etc., the Defendant would have the ability to have the victim find employment.

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