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(영문) 창원지방법원 2015.04.17 2015고단56

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015Kadan56] On March 28, 2012, the Defendant made a false statement to the effect that “A victim E (32 years of age) of Vietnam, who was working for the said company as a vocational trainee, was in the middle of the D Company where the Defendant had been working for a day-time job, and, after the lapse of the period of stay, the victim E (32 years of age) of Vietnam, who was working for the said company, was aware of the fact that there was a problem to acquire the status of stay, the Defendant would have known that “the victim would have acquired the Korean nationality through a relative working in the immigration control office, and 500,000 won

However, the defendant did not know about the immigration control office and did not have any intention or ability to allow the victim to acquire the nationality of the Republic of Korea.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 50,000 from the victim for expenses for the acquisition of nationality on the same day from the victim, and from that time until December 3, 2013, received KRW 33,300,000 in total on 26 occasions, as shown in the annexed List of Crimes, from December 3, 2013.

[2015 Highest 268] On March 21, 2014, the Defendant made a false statement to the effect that “I would have to obtain a loan 1,500,000 won as entertainment expenses if I want to obtain a loan,” and that I would receive a cash of 1,50,000 won from the victim on the same day, on the same day.”

Summary of Evidence

[Judgment of the court below]

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Details of the settlement of borrowed money (Preparation of complainant E);

1. Statement of the accused in the second protocol of trial;

1. Examination protocol of the accused by prosecution;

1. The police of H. H.