beta
(영문) 대전지방법원 2014.08.22 2014고단1186

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[2014 Highest 1186] Defendant was sentenced to imprisonment with prison labor for embezzlement on April 10, 2014 by the Daejeon District Court, and appealed for five months, and is still pending in the appellate trial.

On September 3, 2013, the Defendant made a false statement to the victim at the coffee shop operated by the victim D in Seo-gu Daejeon, Daejeon, that “The Defendant changed 53 million won under the pretext of the introduction fee for three employees of an entertainment drinking house and A.C.” to the victim.

However, in fact, the defendant was thought that he would receive the above payment from the victim to use it for debt repayment, etc., and there was no intention or ability to seek the above employee.

Nevertheless, the Defendant received KRW 17 million from the victim to his bank account on the same day, KRW 19 million on September 5, 2013, KRW 4 million on September 8, 2013, KRW 10 million on September 9, 2013, KRW 10 million on September 9, 2013, and KRW 3 million on September 12, 2013, respectively.

Accordingly, the defendant was given property equivalent to 53 million won by deceiving the victim.

[2014 Highest 196] The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daejeon District Court on March 13, 2008, and completed the execution of the said sentence in the Daejeon Prison on May 5, 2008.

1. The criminal defendant, on August 30, 2009, introduced Ha in G office located in Daejeon Dong-gu, Daejeon as an employee to the victim who operated entertainment establishments, and introduced Ha in the same year to the victim who operated entertainment establishments.

9.3. Around March 1, 200, H issued a letter of request to H to pay a prepaid amount in the form of a pre-paid payment to H when H starts work at the victim’s place of business, and H did not work at the victim’s place of business by changing mind while having been kept by the victim.

While the Defendant kept the above KRW 10 million for the victim, he arbitrarily consumed the Defendant’s debt repayment and embezzled it for his personal purpose.

2. The same year for the accused who embezzleds the victim I;

9.The places under the above paragraph 1 above, and the victims shall be the entertainment tavern operated by the above E.