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(영문) 광주지방법원 2017.02.08 2016고단1301

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 12, 2015, the Defendant committed the crime on November 12, 2015, from the C Company D branch in Seo-gu, Seo-gu, Gwangju to the victim E, who is the head of the branch, “at present, is currently working as an insurance designer from the East-gu financial service. However, the Defendant left his position to C company with two designers of the East-gu financial service and five designers of the East-gu life life.

Since the financial services provided with 11 million won in the Dongbu Financial Services, it is required to pay the said money, and the 11 million won was provided to the C Company from December 1, 2015 to the effect that the payment is to be made.

However, the Defendant had no intention to leave his job, and there was no designer to leave his job, and since the subsidies received from the same sub-financial service were merely limited to one million won, there was no intention or ability to leave his job with the designer as the promise, even if he received the funds from the injured party as the subsidies for leaving his job.

As such, the Defendant received money of KRW 11 million on the same day from the injured party and acquired it by fraud.

2. On December 1, 2015, the Defendant committed the crime on December 1, 2015, at the office of the branch office of the said C Company D, there is a bad credit record due to the Defendant’s “6.5 million won debt,” and there is a severance from employment to be resolved.

On December 22, 2015, a member of the Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) stated that he/she would receive a full-time loan.

However, since the defendant did not have the intention to resign from employment and the money received from the injured party was thought to be used as living expenses or hospital expenses, etc., even if he received the money from the injured party, he did not have any intention or ability to change the money on the date of the promise to pay the debt.

The defendant, as above, made a false statement to the victim and obtained 6.5 million won from the victim to receive 6.5 million won from the same day.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the E statement);

1. Statement made by the police for E;

1. A complaint, a certificate of borrowing, an inquiry about the results of transfer, and an application for membership;