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(영문) 대구지방법원 2018.06.14 2017고단7237
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 2016, the Defendant served as the head of Samsung Electronic, for the victim C who requested the placement of employment in the Chinese cafeteria located near the Daegu Northern-dong X-dong, Daegu-dong.

When a person works in Samsung Electronic, he/she may receive an annual salary of KRW 40 million.

The money shall be given to the auditor in order to identify the place of employment in Samsung Electronic.

‘A false statement' was made.

However, the defendant did not have worked as the head of Samsung Electronic and did not have any ability or intention to find employment for Samsung Electronic even if he did not receive money from the injured party.

As such, the Defendant’s deception of the victim and deceiving the victim on March 22, 2016 is a clerical error in the amount of KRW 1,200,000,000 from the victim’s damage, according to the evidence records (the page 12).

from the time of receipt of B, up to April 19, 2016, a total of KRW 10,200,000 was delivered five times, such as the list of offenses in attached Form 1 (1).

Accordingly, the Defendant was given property by deceiving the victim as above.

2. On May 13, 2016, the Defendant: (a) on May 13, 2016, the victim was confirmed by telephone to find Samsung Electronic Employment.

It shall be paid immediately by lending money.

‘False speech' was made.

However, in fact, the Defendant did not have any particular property, and at the time, did not have any ability or intent to pay the victim the debt amounting to KRW 300 million.

As such, the Defendant, by deceiving the victim and being delivered KRW 8,70,000 from the victim on May 13, 2016, received from the victim the total amount of KRW 1,200,00 from July 22, 2016, including the issuance of KRW 8,70,000 from the victim on July 22, 2016.

Accordingly, the Defendant was given property by deceiving the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transactions;

1. The Kakao Stockholm and letters 1.

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