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(영문) 광주지방법원 2014.07.08 2013고단5545
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who worked as a business employee in the Nam-gu Seoul metropolitan company, and the fact is that the defendant did not have any intention or ability to pay the dividend even if he borrowed money from the victim E (the age of 54) because he did not receive the dividend from the department store.

1. On July 31, 2007, the Defendant, a business employee of the above company, stated that “The above victim, who is the business employee of the above company, is expected to pay KRW 4.8 billion as dividends on August 5, 2007, and is owned by FF lending 36 square meters and FF 72 square meters in size. It is necessary to pay the sales proceeds of cosmetics to the company at the end of the month, and 5 million won is lent to the company.” The Defendant falsely stated that “I will pay dividends immediately if dividends are paid.”

The Defendant, as such, deceiving the victim and deceiving him, is the same year from the victim.

8.1.Around January 1, 2000 won was remitted to the Defendant’s married G bank account in the name of Gwangju Bank.

2. On September 2, 2007, the Defendant made a false statement to the said victim at the International school conference located in Gwangju Mine-gu, Gwangju, stating that “The dividend on a lot department store comes out of the day and the day off to the end of the month. The amount of cosmetics is required. If the Defendant borrowed KRW 2 million, the Defendant borrowed money up to the borrowed money.”

The Defendant, by deceiving the victim as such, received KRW 1 million from the victim to the account under the said G name on the same day, and then withdrawn KRW 1.2 million by using a credit card in the victim’s husband’s name on the same day, and received a remittance or delivery of KRW 2.2 million in total.

3. On September 9, 2007, the Defendant made a false statement to the above victim of the company’s office stating that “The notice that dividends KRW 4.8 billion are distributed at a lot department store will be found in preparation for documents by going through an economic newspaper, and the money to be prepared for documents is required first, and that he will be paid back upon receiving dividends.”

The Defendant is identical to this.

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