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(영문) 수원지방법원 2014.09.25 2014고단2798
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[The background of criminal conduct] The defendant is working as a professor of the astronomical Campus of the Single National University of Korea.

The retirement was made.

【Criminal Conduct】

1. The Defendant does not have an intention or ability to have a real employment, even if having received money under the pretext of employment mediation.

(a) On February 2010, at the hotel shop of Suwon-si, the mother of E, the Defendant’s third party at the hotel hotel D 1st floor coffee in Suwon-si, 2010, means that “If she makes it difficult to find employment, she may easily find employment with her children as private and secondary school teachers: Provided, That if she takes care of her children, she may demand to pay her money, she may need to pay her expenses.” Accordingly, she has a total of KRW 53 million in cash twice from the victim around that time;

B. On April 21, 2010, the victim called “the appointment of the victim’s private secondary schools to be employed belongs to the church foundation, and then the head of the church changed the amount of five million won to a group of expenses incurred in holding a meeting abroad,” and the victim received two million won in cash on the same day from the victim.

2. The Defendant, even if having borrowed money as a scholarship, did not have the intent or ability to return the money to the university. On January 14, 2011, the Defendant deposited KRW 20 million with the Defendant’s account to the victim I, the Defendant, in the fishery adjacent to the Young-si G, Chungcheongnam-si G, and received KRW 18.588,00 from the Defendant’s account, “In order to return the money to the domestic university, the Defendant shall deposit the money with the Defendant’s scholarship. If the money is returned to the school, the Defendant is responsible for the end of the governance school. The period of the school is equal to the end of the governance. Whether the Defendant is well aware of the amount of money borrowed from the Defendant.” On the false basis, the Defendant received KRW 18.58,00 from the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and I;

1. Details of transactions in each account and financial transaction information;

1. Notarial deeds;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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