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(영문) 대구지방법원 안동지원 2014.04.18 2013고단776
사기등
Text

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

Reasons

Punishment of the crime

[2013 Highest 776] The defendant is an employee of the "Ddab" in the Gyeongdong-si, Gyeongbuk-si.

1. On November 19, 2013, between 17:10 to 18:15, the Defendant: (a) laid off one cash card owned by the victim by the victim under the influence of alcohol at the employees accommodation in the above multi-sections; and (b) one gallon ju S3 smartphone, the market price of which is equivalent to the KRW 629,00, in a cresh of cresh and cut off.

2. On November 19, 2013, between around 18:15 to 18:21, 201, the Defendant withdrawn KRW 5,00,000,000 for five times each time using the said cash card of the victim who stolen the Defendant’s password from the said cash card to F, an employee of the same multiple employees, while making the said victim use of the said cash card, and then cut off the password.

3. On November 19, 2013, the Defendant: (a) transferred KRW 4,00,000 from the victim’s said cash card to the Saemaul Treasury account in the name of the Defendant using the said cash card of the victim, which was stolen from the said cash account; and (b) acquired pecuniary benefits equivalent to the said amount.

[2014 Highest 68]

1. On August 7, 2012, around August 2012, the Defendant made a false statement to the victimJ that “Around August 2012, 2012, the Defendant would have to pay the amount in advance to the former KIC. It would have to pay the amount in advance.” The Defendant would have to pay the money in advance at IC, if he/she pays the money.”

However, the defendant did not have the ability to pay the above amount with his intention to work as an employee or with the above amount.

The Defendant received KRW 3 million following the date from the victim to the L account which is the business owner in the above Kamba in the name of the borrower.

On August 16, 2012, the Defendant continued to lend money to the above victim the amount of KRW 2 million on August 16, 2012, the Defendant added the amount of KRW 3 million prior to the transfer to the amount of KRW 5 million.

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