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(영문) 대전지방법원 2017.12.06 2016고단4201
사기
Text

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

Reasons

Punishment of the crime

[2016 Highest 4201] On October 15, 2015, the Defendant received payment from the victim E in the “D” office located in Sejong-si, Sejong-si, with “The head of the team and the construction site.” The Defendant, except for 10% of the fee, will receive payment from the victim E after one month.

The phrase “ makes a false statement.”

However, at the time, the Defendant was unable to repay the borrowed money with advance payment at other human resources offices, and as if he did not receive any real human resources and invested any human resources, the Defendant presented the relevant documents to the victim as if he did so, or had the victim display the documents concerning the human resources who already received personnel expenses, and had not expressed his intent or ability to pay the money to the victim with the money received as personnel expenses for other purposes.

The Defendant received a total of KRW 1,404,00 from the complainant to the national bank account in the name of the Defendant F on the same day and received KRW 1,404,00 from around that day to December 21, 2015, total of KRW 140,423,000 from around 69 times, as shown in the list of crimes in attached Table 1.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highest 3059] On July 7, 2014, the Defendant used the victim as wages for human resources directly employed by the Defendant, while securing a large number of business partners as the head of the construction site dismantling and rearrangement team, at the first office of the victim H management of the victim H located in G in the Seocho-si in the early July 2014.

In addition, one office is dispatched to the human resources belonging to the I office, but the personnel expenses will be paid in advance to the public. It will be sent to the public so that it can be known that domestic human resources have been used.

In the above case of lending money, the payment of the borrowed money and the labor cost in addition to 10% of the commission at the end of each month was made by false means.

However, the defendant is liable for the debt.

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