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(영문) 대전지방법원 서산지원 2019.10.24 2019고단676

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 6, 2015, the Defendant has been working for the victim C in Seosan-si as an employee at the DNA conference operated by the victim C, and has been engaged in the business of receiving and settling the expenses for the lodging of the telecom.

1. Around May 24, 2017, the fraud Defendant made a false statement to the victim stating, “The Defendant would lend KRW 400,000 to the victim because he/she has paid money.”

However, the Defendant, without any particular property at the time, was in excess of his/her obligation by bearing the liability equivalent to approximately KRW 60 million, and embezzlement of the accommodation expenses of the said telecom because of the shortage of money to be used due to personal debt repayment, etc., so there was no intention or ability to repay the said expenses even if he/she borrowed money from the victim.

Nevertheless, the Defendant, as above, received KRW 24,400,000 from the time to November 28, 2017, a total of five times, as shown in the annexed Table of Crimes (1), including by deceiving the victim and receiving KRW 400,000 from the victim on the same day.

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

2. Around January 24, 2017, the Defendant received KRW 1,595,000 from E’s employee F of E in charge of the payment of accommodation expenses and settlement of accounts for the telecom.

As above, while the Defendant had been in custody of KRW 1,595,00 for the victim as above, he embezzled it by voluntarily consuming it as the Defendant’s personal debt, living expenses, etc. around that time. From around that time to January 11, 2018, the Defendant received total of KRW 40,528,500 from around 29 times to around January 11, 2018 as accommodation expenses of the above telecom and embezzled it for personal use while he had been in custody for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1.