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(영문) 전주지방법원 남원지원 2014.12.23 2014고정86

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around April 19, 2014, the Defendant made a false statement to the effect that the Defendant would pay the Victim KRW 1.5 million with the Defendant’s advance payment from the “Dda” operated by the Victim C, Nam-si, Nam-si, as an employee for one month from Dda to Dda-si.

However, even if the defendant receives advance payment from the victim, he did not have the intention or ability to work as an employee from the victim's multiples.

Nevertheless, on April 21, 2014, the Defendant, by deceiving the victim as above, received 1.5 million won from the victim through the Defendant’s deposit account.

2. On April 23, 2014, the Defendant made a false statement to the effect that “If you send KRW 100,000 to the clothes value, you will do so in multiple ways,” by phoneing the said victim C at the place of insane in Busan, not more than Busan.”

However, even if the defendant is paid the value of clothes from the victim, the defendant did not have the intention or ability to work as an employee in the victim's multifacement.

Nevertheless, the defendant deceivings the victim as above and received 100,000 won from the victim's bank account on the same day under the name of clothes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Details of entry and departure transactions, copies of bankbooks, and copies of a loan certificate;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;