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(영문) 의정부지방법원 고양지원 2019.05.23 2018고단3048
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2018 Highest 3048] On January 2014, 2014, the Defendant called the Defendant’s phone call to Jindong-gu, Youngdong-gu, Youngdong-gu, Youngdong-gu, B apartment C to borrow money, and the Defendant’s phone called that “If transferred KRW 30 million to a company, it will be employed by the company.”

However, the defendant has a debt of about KRW 400 million around that time, and the defendant was asked to get employed for work in a serious financial pressure such as a mother and child, etc., which led to the occurrence of a desire to take up 30 million won in return for employment, and there was no intention or ability to have the victim find employment in the F company.

On January 14, 2014, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the account in the name of the denied G from the victim and acquired it by fraud.

[2019 Highest 289] The Defendant served as the 16th H president from January 2009 to June 2012, 2012. A person who served as the 16th president of an incorporated association from July 2013 to October 30, 2018, and the victim J is a person who has a relationship with the Defendant with the Defendant as the 5th degree external relative of the Defendant.

1. Around January 18, 2013, the Defendant committed fraud, which was committed on January 18, 2013, made a false statement to the effect that “In the residence of the victim in Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant would work for the victim’s second child M by requesting the head of the Jeju-si factory to find employment brokerage expenses to the effect that “In the country, the Plaintiff is well aware of the Gwangju factory site of the L company.”

However, even if the defendant received money from the victim, he did not have the intent or ability to find the victim's children in the Gwangju Factory of the L company because he thought that they will be used for N business start-up preparation fund, personal credit card payment, etc.

Nevertheless, as above, the Defendant deceivings the victim and then is employed from the victim, namely, from the victim’s seat, from the Defendant’s wife G account (P).

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