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(영문) 대구지방법원 2016.07.14 2015고단6395
사기
Text

Imprisonment with prison labor for the crimes of paragraphs (1) and (2) of the judgment of the defendant, 6 months, and 1 of the judgment

(b)the crimes of paragraphs (c) and (c);

Reasons

Punishment of the crime

[criminal history] On August 17, 2010, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law (non-licenseless driving) at the Daegu District Court sentenced to a suspended sentence of two years on the 25th of the same month. On April 22, 2011, the Daegu District Court sentenced a suspended sentence of two years for a prison term of eight months for fraud, and the said judgment became final and conclusive on April 30, 201.

[Criminal facts] The Defendant is an employee who works for C Co., Ltd. as a creditor collection company in Daegu Suwon-gu, and was in charge of debt collection affairs.

1. The fraud defendant against the victim D did not intend to use the money for the collection of claims by the victim D even if he received the money from the victim D who requested collection of claims.

A. On August 11, 2008, the Defendant is required to deposit money to the victim D, who requested the Defendant to collect the claim, for an auction to apply for an auction to the apartment of the obligor’s apartment.

I would like to transfer money to the court, which is 30% of the goods of auction. 14 million won.

“A false statement” was made.

However, the facts do not require a separate deposit in applying for auction of real estate, and even if the defendant receives money from the injured party, he did not intend to deposit the money to the court for the collection of the injured party's claim.

As such, the Defendant deceiving the victim, and let the victim do so, stated in the indictment on August 29, 2008 that he was remitted on August 11, 2008, but appears to be a clerical error (Article 20 pages of the evidence record). Thus, the Defendant, ex officio, recognized it as above.

In the name of deposit money, 14 million won was remitted to E account in the name of E and acquired it by fraud.

B. On September 30, 2010, the Defendant received 4,250,000 won in the same manner from the injured party as the debt of the injured party, as the expense for the application for provisional attachment of the claim against Tae Ik Co., Ltd., the Defendant acquired the money.

(c)

The Defendant, by the same method, against the person who endorsed a bill of exchange from the injured party on April 11, 201.

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