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(영문) 대구지방법원 서부지원 2019.06.27 2019고단1257

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On April 11, 2014, the Defendant was sentenced to imprisonment for three years and six months with labor for fraud, etc. at the Seo-gu District Court Branch Branch, and completed the execution of the sentence in the Ganbuk Vocational Training Prison on August 18, 2017.

【Criminal Facts】

1. On December 12, 2017, the Defendant concluded that “If the Defendant borrowed KRW 10,000,000 as he/she does not have living expenses, he/she shall be paid in installments in three million per month.”

However, the Defendant did not have any intent or ability to repay money, even if he borrowed money from the victim without any certain income or occupation, as the Defendant borrowed money from a large amount of personal debt at the time.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to C account in the name of the Defendant as the borrowed money, and received the total sum of KRW 25,729,157 from August 10, 2018 from that to that to August 10, 2018.

2. On July 11, 2018, the Defendant stated that “A FFFFFFF is the Vice Minister of Employment and Labor, as the FFFFFF was pointed out from the inspection of the Ministry of Employment and Labor to exceed the prescribed number of employees, the Defendant falsely stated that “A FFFF is the Vice Minister of Employment and Labor, and the FFFFFFF would change the delivery of personnel expenses and travel expenses.”

However, in fact, the defendant did not have the intention or ability to resolve the case of cancelling state-funded education even if he received money from the victim because the foreign third village was not the Vice Minister of Employment and Labor with the necessity of living expenses at the time.

The Defendant, by deceiving the victim as above, received a total of KRW 2,480,000,00 from the victim’s bank account under the name of the Defendant for travel expenses immediately, and received a total of KRW 2,480,000,000 for the purchase of gift around July 12, 2018.

Summary of Evidence

1. The defendant's legal statement; 1.1.