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(영문) 대구지방법원 포항지원 2020.02.19 2019고단1706
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant came to know C through F&B around February 2017, and received KRW 55 million from D under the pretext of D’s solicitation that D’s children E would be employed by F&U around March 2017.

However, D, on June 2017, in order to not be employed by E, pressured to file a criminal complaint unless he/she returns the above money to the defendant.

Accordingly, the Defendant received money from other persons to pay to D as expenses for employment solicitation of the FF Trade Union.

On September 2017, the Defendant stated that “The money received to D has already been delivered to the F Trade Union. It shall be employed without molding within one month after receiving KRW 60 million from D,” and that “A around that time, around that time, would be an employee of FM in Korea.” The Defendant stated that “A shall be employed in FFM within one month from the face of the week.”

However, in fact, the Defendant, upon receiving money from the victim, was thought to be used to return employment solicitation expenses to D, and there was no thought that the above money was given to the executives of the FF trade union, etc., and there was no idea to invite employment. As above, even if the Defendant received money from the victim, such as failure to obtain employment of E to the FF trade union, there was no intention or ability that the victim would be employed by the FF trade

Around September 14, 2017, the Defendant, by deceiving the victim as above, received cash KRW 60 million from C at the main point of “I” located in the North Korea-Gu H at Port from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for B and A (including the part recorded in C’s statement);

1. Each police statement against C, G, J, B, and K;

1. A written petition;

1. Each recording record, investigation report (Attachment of Account Statement) - G L union account transaction statement-financial transaction certificate, C account transaction statement, payment order (port support 2019j916), deposit certificate, investigation report counter party D.

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