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(영문) 대구지방법원 포항지원 2020.01.09 2019고단891

사기

Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 9, 2019, the Defendant was sentenced to imprisonment with prison labor for one year for fraud in the Daegu District Court Port Branch of the Daegu District Court, and the judgment became final and conclusive on November 23, 2019.

On June 13, 2013, the Defendant made a false statement to the effect that “In the taxi driven by the injured party B in the vicinity of the Southern-gu, Chungcheongnam-gu, the Chungcheongnam-gu, the U.S., the 2019 Highest 891” stated that “the injured party is in charge of C’s personnel affairs. In order to request employment, the injured party would have been employed as a director of C’s personnel affairs. In order to request for employment, the son would have been employed as a director

However, in fact, the Defendant did not know at all the director of the C personnel division at the time, and the money received from the victim was thought to be used for personal purposes, such as living expenses, so even if he received money from the victim, he did not have the intent or ability to have the victim employed C as the promise.

As above, the Defendant, by deceiving the victim, was transferred from the victim on June 13, 2013 to the E-bank account in the name of the Defendant’s husband, KRW 35 million in total, including KRW 10 million on September 2, 2013, KRW 10 million on September 2, 2013, and KRW 35 million on July 15, 2015, to the E-bank account in the name of his/her father-D for employment mediation.

From May 3, 2015 to June 201 of the same year, the Defendant made a false statement to the effect that “The Defendant is able to discover and recover the gold leader by finding out the gold leader, and on August 3, 2015, the Defendant was aware of the place where the gold leader deposited at the time of the Japanese colonial rule with the victim F during the Japanese colonial rule.” The Defendant made a false statement to the effect that “The Defendant is able to discover and pay the gold leader if he/she lends the money to the victim.”

However, the Defendant did not have a certain income or occupation at the time, and was in arrears of about 5 million won of I loans, and there was only KRW 68 million of personal debt, which was thought to be used for the purpose of paying personal debt or living expenses from the victim, and there is no concern about where no gold leader exists.