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(영문) 수원지방법원 2015.11.23 2015고단3998

사기등

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

1. From August 2014, the Defendant, in occupational breach of trust, was engaged in B duties while working for the victim Bochip Korea limited liability company located in Pyeongtaek-si 1105 in Yang Sung-si.

On September 2014, the Defendant received a new corporate card from the victim's name, and caused the Defendant to perform duties to use it only for the purpose related to the victim's duties.

Nevertheless, on December 8, 2014, the Defendant violated the above occupational duties and purchased gift certificates of KRW 2.5 million at the 552 Embio Bab death terminal as of December 8, 2014. On December 12, 2014, the Defendant purchased gift certificates of KRW 500,000 from the 181 Embrate Obrate store as of December 12, 2014, and purchased gift certificates of KRW 2 million from the 552 Embrate death terminal as of January 1, 2015. On January 2, 2015, the Suwon-si Sinban purchased gift certificates of KRW 552 Embrate at the 5.52 Embrate death store as of January 2, 2015.

Accordingly, the defendant purchased gift certificates in an amount equivalent to 6 million won in total using the corporate card in the name of the victim four times in total, and caused the victim to settle the amount equivalent to the same amount, thereby acquiring property benefits equivalent to the same amount, and causing property damage equivalent to the same amount to the victim.

2. On December 29, 2014, the fraud Defendant stated that “If the Defendant lent three million won to use it as a hospital’s expenses, it would be repaid until January 25, 2015 to the victim D, who is the said C, at the office of the Dal Dal Dal Korea Limited Liability Company, which is located in Pyeongtaek-si 1105, Yang Sung-si.”

However, in fact, the Defendant did not have any other income or property in addition to the monthly wage of KRW 2.7 million received while working in the above company. At the time, there was a debt amounting to approximately KRW 1.3 million for the company employees, and KRW 6 million for the company capital, and thus, there was no intention or ability to repay the debt from the victim until January 25, 2015.

The Defendant is as above.