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(영문) 대구지방법원 김천지원 2016.10.26 2016고단666
사기등
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A defendant shall be punished by imprisonment for four months.

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

[criminal power] On February 17, 2016, the Defendant was sentenced to a suspended sentence of 2 years and 80 hours for social service in the Daegu District Court Kimcheon-do, which was sentenced to a suspended sentence of 6 months for fraud. The Prosecutor appealed, but on October 12, 2016, the appeal was dismissed by the Daegu District Court which was the appellate court, and the said judgment became final and conclusive on October 20, 2016.

【Criminal Facts】

1. Fraud;

A. On April 2014, the Defendant made a false statement to the effect that “The Defendant would have deposited KRW 2,700,000 out of KRW 7,700,000,000,000,000,000,000,000,000,000 won, out of KRW 7,770,000,000,000,000,00,000 won, which was previously known

However, even if the above money was received from the victim, the defendant was expected to consume it as living expenses, etc., and there was no intention or ability to pay it as deposit money for the victim.

The Defendant received 3,650,000 won from the victim under the pretext of deposit expenses and reserve funds at the place of unsound around that time.

B. Around May 2014, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 5 million from a bank in the name of the Defendant to pay the victim the deposited money of KRW 7.7 million to the Defendant, and the Defendant changed KRW 5 million.”

However, the defendant did not pay the above deposit on behalf of the victim.

The Defendant received five million won from the victim around that time.

2. The Defendant is a person who operated “G” as a human resources contracting company with the victim F. A.

On April 25, 2013, the Defendant deposited KRW 4960,500,00 in the Defendant’s H account in the name of labor cost, which was the labor cost that the Defendant supplied to the previous Defendant.

While the above money was kept by the Defendant for the victim, the Defendant embezzled the above money by arbitrarily using it, such as consuming it for the Defendant’s living expenses on the same day.

B. The Defendant.

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