beta
(영문) 대구지방법원 2017.11.23 2017고단2021

사기

Text

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. On October 2015, the Defendant, at the office of “E” (E) in which the Defendant had a curios operated by the Defendant in Nam-gu, Daegu-gu, Daegu-gu, Seoul-gu, the date of which October 2015, 2015, tried the Victim F to help the Defendant work for the U.S. military unit by requesting the said person.

In order to request employment, approximately KRW 100 million is needed.

In order to send money, a false statement was made that “to call for employment” was false.

However, in fact, the defendant was not aware of the person in charge of employment in the military unit, and all of the money that he received from the injured party was used for the purchase price of curios or for the repayment of personal debts, so there was no intention or ability to have the injured party employed his children in the military unit.

As above, the Defendant: (a) by deceiving the victim on October 21, 2015; (b) obtained KRW 30 million from the victim on January 5, 2016; (c) KRW 15 million on January 5, 2016; (d) KRW 15 million on January 6, 2016; (c) KRW 20 million on January 12, 2016; and (d) acquired KRW 20 million on January 13, 2016; and (e) acquired KRW 100 million from the victim.

2. Determination

A. Although the Defendant and the defense counsel claimed KRW 100 million from the victim F as stated in the facts charged, this is merely borrowed from the victim, and the victim’s children will be employed in the military unit.

It is not a deceptiond.

B. In full view of the following circumstances acknowledged by the evidence adopted and examined by this court, the following evidence alone consistent with the facts charged is that the defendant would have the victim’s children employed in the military unit.

It has been proved that there is no reasonable doubt that the victim was accused of the above money by deceiving the victim.

It is difficult to see, and there is no other evidence to acknowledge it.

1) The victim F is KRW 100,000,000,000 if the investigative agency asked the branch of the U.S. military unit on October 2015 to find employment.