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(영문) 수원지방법원 성남지원 2019.08.07 2019고단1140
사기
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On February 7, 2014, the Defendant was sentenced to two years of imprisonment with prison labor at the Jeonju District Court for fraud and completed the execution of the sentence on August 14, 2015.

【Criminal Facts】

1. On November 12, 2015, the Defendant called the victim B by phoneing the victim B at an irregular place, and concluded that “The Defendant is a reply to the best in the event of being hospitalized as a patient.” However, there is a strong social relationship with D, who is a personnel in charge of C personnel, and C, has a practice to employ a new job upon retirement of an employee, as a successor’s concept. In the employee’s meal expenses and gift purchase expenses, the Defendant made a false statement to the effect that “I will have a job for a young child on the face of deposit of KRW 2 million with the employee’s meal expenses and gift purchase expenses.”

However, in fact, “D” did not have the intent or ability to have the victim’s children employed in “C” as a result of the death of the Gu.

The Defendant, as such, by deceiving the victim, received KRW 2 million from the victim’s corporate bank account on the same day to the Defendant’s corporate bank account on the same day, from February 10, 2017, and received a total of KRW 46.7 million from the time to February 10, 2017 as shown in Appendix I, for the purpose of soliciting employment of the victim’s children.

Accordingly, the defendant acquired 46.7 million won from the victim.

2. On March 2, 2017, the Defendant made a false statement to the effect that “Around March 2, 2017, the Defendant phoneed the victim B at an influence place to the effect that “only he/she is entitled to receive a loan if he/she caused the death of the building in which the accident occurred, and all the money that he/she received before he/she

However, in fact, there was no death accident in the building owned by the defendant, and the defendant was planning to use the money received from the victim to repay his/her personal debt, and there was no intention or ability to repay the money even if there was no particular asset in excess of his/her debt at the time.

The defendant deceivings the victim as such, and is in the same manner against the victim.

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