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(영문) 창원지방법원 마산지원 2014.04.09 2014고단253
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On June 5, 2013, the Defendant was sentenced to two years of imprisonment for fraud in the Changwon District Court Msan Branch, and the said judgment became final and conclusive on the 13th of the same month.

When the Defendant was unable to provide money to creditors any longer due to personal debt up to KRW 00 million through financial rights, arbits, and relatives, etc., the Defendant attempted to obtain money from the victims by deceiving the fact that he/she has worked as an employee of the Bmiddle School Administrative Office.

On August 22, 2010, the Defendant made a false statement to the victim E at the D University located in Changwon-si, Changwon-si, Muwon-si, stating that “The Defendant would give employment of KRW 30 million as an employee of the B Middle School Administrative Office at least two years at the latest.”

However, in fact, the second middle school did not have a plan to appoint the employees of the administrative office at the time, and even if there was a plan for employment, the defendant did not have the intent or ability to employ the victim as an employee.

On August 23, 2010, the Defendant received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of the Defendant around 12:27.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (former and attachment of judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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