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(영문) 전주지방법원 2018.08.16 2018고단471
사기
Text

The prosecution of this case is dismissed.

Reasons

1. On March 30, 2017, the summary of the facts charged was sentenced to imprisonment with prison labor for a period of two years at the Jeonju District Court for fraud, etc. and for the same year.

4.7 The above judgment became final and conclusive.

On September 15, 2014, the Defendant: (a) received the request from the Director-General of the E Press Report Bureau to the effect that seven members of Hyundai Motor Vehicles need to be employed; (b) 20 million won from Hyundai Motor, the Defendant would be employed in Hyundai Motor on September 15, 2014.

“The phrase was made.”

However, in fact, the defendant did not have the intention or ability to get the victims to work in modern automobiles.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the post office account (G) in the name of the Defendant, KRW 20 million on the 17th day of the same month, and KRW 5 million on the 5 million on the 11th day of the same year from the victim as a job referral measure.

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

2. The assertion and judgment

A. The gist of the Defendant’s assertion is that the victim of this case is a relative in the fourth degree of relationship with the Defendant, and this case constitutes a relative offense subject to victim’s complaint. The victim filed a complaint with the intent to set the period of six months, which is ultimately inappropriate, so the prosecution of this case should be dismissed.

B. According to the evidence of the judgment, since the facts exist in the fourth degree of relationship with the victim and the defendant, the crime of this case constitutes an offense subject to prosecution subject to prosecution pursuant to Articles 354 and 328(2) of the Criminal Act. In the case of such offense subject to prosecution subject to prosecution subject to prosecution pursuant to Article 230(1) of the Criminal Procedure Act, a complaint is not filed after the lapse of six months from the date on which the victim

Therefore, with regard to the legitimacy of a complaint, such as the overall process of a complaint, after a considerable period of three years from the date of crime, and the whole process of the complaint, the Health Unit, and the victim, in this court, does not look at the defendant's place of employment in modern motor vehicles until the lapse of about one-year period from November 2014, which is the last point of time to pay money to the defendant.

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