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(영문) 서울중앙지방법원 2014.03.13 2014고단161
사기
Text

A person who commits the crimes of Articles 1 and 2 in the judgment of the defendant shall be punished by imprisonment with prison labor for one year, for the crimes of Articles 3, 4, and 5 in the judgment of the defendant, for one year and six months.

Reasons

Punishment of the crime

[criminal power] On February 12, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court, and was released on October 28, 2010 and the parole period was terminated on November 26, 2010 while he was under execution of the sentence in the Ansan Prison. On September 29, 201, the Seoul Central District Court sentenced three years of suspension of the execution of imprisonment for fraud at the Seoul Central District Court on October 7, 201 and became final and conclusive on October 7, 201, and is currently under suspension of the execution.

"2014 Highest 161" / [criminal facts] The defendant is the fraud of the network D, which is the founder of the C&A foundation, and is the type E, which is the president of the C&A foundation.

1. Fraud against victim F;

A. On October 2, 2010, the Defendant concluded on December 2, 2010 that “Around October 2, 2010, the Defendant made a false statement to the Victim F that “The right to personnel management of the CJ has been held by the president E of the CJ and the personnel management authority of CJ, the Republic of Korea, the Republic of Korea, and that the sports teacher of the Embac High School would have been employed by the U.S. as a sports teacher on the job of the Embac High School.”

However, the Defendant could not have any influence on the president E of the CAH Foundation or his wife G, and even if receiving the money from the victim, he thought to use it as the personal living expenses or hospital expenses of the Defendant, and there was no intention or ability to appoint the victims as high school teachers under the CAH Foundation.

On December 2, 2010, the Defendant received from the victim KRW 40 million at the C kindergartenhouse located in Seongbuk-gu Seoul Metropolitan Government H on December 2, 2010.

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

B. On July 6, 2011, the Defendant stated that, at the “J hotel coffee shop” located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, “The 28 price exists for the coffee set up in the C University, and the 40 million won for which the right of operation of the key machine is reduced.”

However, even if the defendant receives money from the victim, he thought that he will use it as personal living expenses or hospital expenses.

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