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(영문) 대구지방법원 경주지원 2020.01.22 2019고단111

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a crime of fraud in the Daegu District Court racing support on August 30, 2017, around August 27, 2015.

The above judgment was rendered on September 7, 2017 after being sentenced to eight months of imprisonment and one year of suspended execution, and the crime was committed on January 24, 2019 with the same support around July 29, 2015.

On August 17, 2019, sentenced to four months of imprisonment and one year of suspended execution, and the judgment became final and conclusive.

【Criminal Facts】

On May 1, 2015, the Defendant called “A” to the victim B’s husband, who is a regular employee, who is employed as a regular employee, even in the production position in the Co., Ltd., which may take a little amount of expenses to be incurred by the Co., Ltd., the Defendant would be responsible for the full-time employee. D Co., Ltd., from time to time with E’s children, who are the actual president, frequently attend a golf, and there is a connection with D Co., Ltd., who know well, such as drinking, such as drinking, with D managers, thereby allowing them to receive money as an employee.”

However, in fact, the defendant could introduce G, the victim's children, to support the employment of the contract-based employees of the above company, and there was no authority or influence to participate in the employment procedure of the above company, and in fact there was no consultation with the company personnel management department D and the regular employment of the company. Therefore, G did not have an intention or ability to employ it as a regular employee of the above company.

As above, the Defendant, by deceiving the victim, received KRW 10,00,000 from the victim on May 1, 2015, and KRW 5,000,000 from the victim on May 4, 2015, respectively, in the name of the Defendant, from the KEB bank account in the name of the Defendant, and transferred KRW 3,00,000,000 around October 24, 2016, and KRW 2,00,00,000 in the name of the Defendant to the account of the Nonghyup Bank (Account Number: I) in the name of the Defendant. < Amended by Act No. 14283, Nov. 30, 2016>

Accordingly, the Defendant was given a total of KRW 20,000,000 by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. The details remitted to the accused and the accused and the winning of a civil suit against the accused.