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(영문) 인천지방법원 2019.10.08 2019고단3045
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On April 9, 2017, the Defendant made a phone call to the victim at an insular area located below Incheon City, and made a false statement to the effect that “The amount of monthly salary of the employee falls short of 2 million won. The lost corporate card was suspended using the lost corporate card by the group. The corporate card will be repaid at the beginning of the following month.”

However, in fact, the defendant was the intention to use the money for the cost of living by receiving money from the victim, and even if the defendant lost the wall or paid the staff's salary, he was the speech that was made to receive money from the victim

As above, the Defendant, as well as the Defendant, by deceiving the victim and receiving KRW 2 million on the same day from the victim, was issued to him/her, from that time to April 25, 2017, by deceiving the victim four times, as described in the attached Table 1, and received a total of KRW 19,00,000,000 from that time.

2. On May 22, 2017, the Defendant made a false statement to the victim that “When working in a fee meal service station, he/she would be paid monthly wages around May 2017, if only 1.5 million won is leased, the Defendant would receive monthly wages from the victim.”

However, in fact, the defendant was the intention to use the money from the victim for the cost of living, and even if the defendant paid the employee's benefits, he was the expression to receive the money from the victim.

As above, the Defendant, including deceiving the victim as above, received 1.5 million won from the victim’s new bank account in the name of the Defendant on the same day from the victim, and, thereafter, received a total of KRW 54,650,000 from that time to July 22, 2017, by deceiving the victim nine times as shown in the List of Offenses 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Application of Acts and subordinate statutes to each complaint, each receipt of loan, each details of transfer, each account transaction, name cards, photographs, and text messages;

1. Each relevant Article of the Act concerning criminal facts;

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