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(영문) 대구지방법원 포항지원 2016.09.22 2016고단462
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of ten thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Daegu District Court Port Branch on April 30, 2009, and completed the execution of the above punishment on November 5, 2010. On December 26, 2013, Defendant B was sentenced to three years of imprisonment with prison labor for a violation of the Narcotics Control Act (a violation of the Act on the Control of Narcotics, etc.) and the judgment became final and conclusive on September 4, 2014.

[2016 Highest 462] (Defendant) around October 2012, the Defendants conspired to receive money from victims, i.e., to use the victim F and G to help them find a job for the victims in a port-going labor union by hearing the opinions that the victims F and G want to work for the victims' self-employment in each port-going labor union.

1. Defendant B’s crime with the victim F is that, upon the aforementioned public offering, if Defendant B sent money to E to his own account on October 2012, 2012, Defendant B may have the victim F be employed in the H transportation route.

In other words, on November 1, 2012, in a place where it is difficult to know the specific location of E at the port of port and port, the victim told the victim that “I will get I would get I to work for H port and port union by being employed in the H port and port union if I deposit KRW 25 million with the account opened within the required level of KRW 50 million.”

However, the Defendants did not have any person who is aware of the H Hadon Nom and did not have any intention or ability to get the victims to work in the H Hadon Nom because they merely received money from the victims and used them as their living expenses, etc.

On November 1, 2012, the Defendants: (a) by deceiving the victim; (b) transferred KRW 25 million to the Agricultural Cooperative Account in the name of Defendant B, designated by Defendant B; (c) KRW 15 million to the same account on May 23, 2013; and (d) received KRW 10 million to the Saemaul Community Depository Account in the name of E on August 6, 2014; and (c) received KRW 50 million in total over three occasions from the victim.

2. Defendant B committed a crime against Victim G is himself/herself against E around October 2012 according to the aforementioned conspiracy.

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