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(영문) 대전지방법원 천안지원 2019.01.24 2018고단408
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Part of the defendant's right of defense shall be deleted or cut to the extent that does not substantially harm the defendant's right of defense.

From October 2016, the Defendant served as the vice president of the Bank of Korea in B (hereinafter referred to as “B”), and the victim C has approximately KRW 200,000,000 against B.

On November 3, 2016, the Defendant explained that “A” is the vice president of B and without notifying the victim of the fact that the victim who was found in the B office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu to receive the outstanding amount in relation to B, and that he/she is the vice president of B, even though he/she was aware of the fact that he/she was the victim.”

Since then, the Defendant contacted the victim and paid the price in cash within three days if the Defendant supplied him to B. The written indictment is written in the form of a tax invoice, but the invoice is corrected because it is exchanged with the tax-free item, and thus the invoice is corrected. The Defendant falsely stated that it will be issued in the name of the Dispute Resolution Co., Ltd. (hereinafter referred to as the “E”).

According to the defendant's assertion and the victim's statement in court, the defendant's request for the supply of the victim's fish will be after the date of the first arrival.

However, in fact, the defendant was thought to dispose of the assets that he was supplied by the victim from the victim as the vice president of B, and the price was also used as the operational fund of B. However, even if the victim who has the outstanding claim amounting to approximately KRW 200 million was anticipated not to supply additional terms to B, the defendant did not notify the victim of the above fact even if he was anticipated that he would not supply them. Since the terms supplied by the victim were disposed of to be used as the operational fund of B, the defendant did not have the intent or ability to pay the price normally even if he was supplied with the terms from the victim.

As above, the defendant deceivings the victim and belongs to it.

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