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(영문) 대전지방법원 2015.11.19 2015고단3032
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

All of the applicants for compensation are dismissed.

Reasons

Punishment of the crime

The Defendant was an employee of “AC” from January 24, 201 to May 27, 2015.

Since 2011, the Defendant had been aware of the fact that the Defendant had been unable to cope with the interest of the lending company while holding stocks and illegal sports discussions from around 2011, resulting in an omission in the excess of the obligation and resulting in the impossibility of paying the interest of the lending company.

On July 4, 2013, the Defendant, at the above company around July 4, 2013, told the victim V, who was working in the same workplace, that “I am dynasium fraud, and dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium.”

However, there was no fact that the father of the defendant used the above money as cerebrovascular, and the defendant was scheduled to use it for the illegal sports discussions, etc., and there was no particular asset and lack in paying interest on the existing debt due to monthly income, etc., so there was no intention to repay it.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the national bank account (AD) in the name of the Defendant from the victim, and then transferred the amount of KRW 1 million from around that time to April 23, 2015, by the same method as indicated in the separate crime list, or by bearing the burden of joint and several liability as indicated in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint;

1. A detailed statement of deposit transactions;

1. Each investigation report (No. 8, 14 in the evidence list);

1. A statement of transactions (A name account);

1. The Credit Information Federation of Banks;

1. Application of Acts and subordinate statutes to a list of crimes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 32(1) and (2), Article 25(3)3, and Article 25(4) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss a Compensation Order (the scope of recommending punishment)

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