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(영문) 대구지방법원 포항지원 2015.04.09 2015고단25
사기
Text

The defendant shall be punished by a fine of KRW 5,00,00,00 for the crime No. 2 of the judgment in six months.

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2013, the Defendant was sentenced to imprisonment with prison labor for 10 months for fraud in the Daegu District Court Port Support, and two years for suspended execution, and the judgment became final and conclusive on the 24th of the same month.

【Criminal Facts】

1. Around August 2013, the Defendant: (a) stated that the victim E, at the time of the port of port in South-gu, would have the victim E work for the G company in preparation for the degree of KRW 15 million; and (b) stated that “F would have the victim work for the G company in preparation for the degree of KRW 15 million”; and (c) stated that “I would have the victim work for the Musco Construction at the cost of KRW 35 million,00,000,000 to KRW 40,000,000,000.”

However, the defendant did not intend to use the victim's child F for the expenses of arranging employment even if he did not have any intention or ability to have the victim's child F employed in the above company and received money from the victim.

Around August 28, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 3 million in cash from the Defendant’s account; (c) KRW 10 million in the D General Corporation on the same day; (d) KRW 4 million in cash from D General Corporation on September 2, 2013; (c) KRW 1 million in the Defendant’s account around September 3, 2013; and (d) received KRW 20 million in cash from D General Corporation on September 4, 2013 from September 4, 2013 to the Defendant’s account; and (d) received KRW 20 million in cash from D General Corporation on September 15, 2013.

Accordingly, the defendant was given a total of 38 million won by deceiving the victim.

2. The Defendant, who committed the crime of defraudation under the name of the borrowed money, committed the crime of receiving money from the victim, knowing that the victim was unable to reject the request by the victim, with the knowledge of the fact that the victim was unable to do so, and there was no economic power, such as being urged by the credit service provider to repay the money from the victim, and thus, did not have the intent or ability to repay the money.

The Defendant, around October 30, 2013, lent 8 million won to the victim in the D General Corporation on the ground that “the people must grow up due to F’s employment problems and personal money is needed.”

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