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(영문) 대구지방법원 서부지원 2017.01.20 2016고단1169
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From January 2015 to November 2015, the Defendant served in the General Department of “D Hospital” operated by the victim C in Daegu Seogu-gu, Daegu-gu, and engaged in accounting affairs.

The Defendant calculated more than 60 employees of the above D Hospital in accordance with the terms and conditions of each monthly employment contract, prepared a detailed draft of benefits, and obtained approval from the victim. If the victim was finally stamped on the written request for the transfer of benefits under the name of the victim proposed by the Defendant, the Defendant submitted it to the Han Bank. The Han Bank transferred monthly benefits to the account in the name of the employees in accordance with the aforementioned written request for the transfer of benefits.

The defendant had reached 60 persons with the above hospital staff, and the amount of employee's salary to be paid every month exceeds 120 million won, and the defendant prepared a written request for the transfer of salary by withdrawing the defendant's salary, and presented it to the victim, but it was difficult for the victim to easily recognize it.

Around June 30, 2015, the Defendant drafted a written request for the transfer of benefits at the above D Hospital, stating that the Defendant’s six-month benefit was KRW 1,504,760,000, which actually was 1,660,000, and made it false. As if the payment was normally calculated, the Defendant deceiving the victim by presenting a written request for the transfer of benefits to the victim, and let him/her affix his/her seal on the written request for the transfer of benefits, and then submit it to one bank. On the same day, the Defendant received the difference of KRW 1,660,00 from the account in the name of the victim to the account in the name of the Defendant, and acquired pecuniary benefits equivalent to KRW 2,60,240, from October 30, 2015, by deceiving the victim as stated in the attached list of crimes, and received KRW 29,09,380,00 in the name of the Defendant for the purpose of paying benefits.

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