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(영문) 광주지방법원 2017.08.17 2016고단5223

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been employed as a staff member in charge of registration affairs in Law Firm B located in the Dong-gu Seoul Metropolitan City.

1. The Defendant called the victim’s cell phone before the law firm B office on August 11, 2015 and served as a secretary in the law firm B, and there is a need for money to register.

The interest rate of 5% shall be paid in addition to the principal after one week from the loan of money.

Although the Defendant made a false statement, the Defendant did not use the money borrowed from the injured party for the registration duty, but was thought to use the money in the repayment of debts to others, the repayment of debts to the injured party, the Defendant’s living expenses, etc.

As above, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 313 million from the victim to the Gwangju Bank account (Account Number: E) and a new bank account (Account Number:F) account in the name of the Defendant; and (c) received a total of KRW 2.749,488,00 from around that time to August 27, 2015, and acquired the money by transfer from the account in the name of the Defendant to the account in the name of the Defendant.

2. The Defendant called the victim’s cell phone in front of the law firm B office at the end of October 2015 and transferred the registration through the bank at this time to transfer the Saemaul Treasury’s registration, and thus, there is no risk of insurance policy in the Seoul Credit Guarantee Insurance, and if the case is erroneous, the principal shall be guaranteed from the surety insurance.

The interest shall be paid in addition to 5% of the principal after three days or one week from the loan of money.

“Along with the fact that there was no bank-related registration business as above, the Defendant was thought to use the money borrowed from the injured party for the Defendant’s debt to another person, the repayment of the Defendant’s debt to the injured party, or the Defendant’s living expenses.

The defendant deceivings the victim as above, and his deceivings the victim on October 2015.