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(영문) 광주지방법원 목포지원 2013.09.26 2013고단889

사기

Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around April 20, 2012, the Defendant stated that “E” entertainment tavern operated by the victim D(33 years of age) located in Yong-Namnam A, the Defendant provided that “The victim will work as an entertainment instructor from April 25, 2012, on the face of the advance payment, KRW 8 million with the advance payment, and the next day from April 25, 2012.”

However, at the time, the defendant had no intention or ability to work as an employee from the above main point, even if he receives the prepaid payment from the victim, such as the F who was in a state of not working after receiving the prepaid payment, and the situation of conflict with the wife.

Around April 24, 2012, the Defendant received 7,965,000 won under the name of advance payment from the victim to the national bank account in the name of G designated by the Defendant and acquired it by fraud.

2. On April 2012, the Defendant stated that “The Defendant would work as an employee from Jda bank, on the face of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, at the time, the defendant had no intention or ability to work as an employee from the above main point, even if he receives the prepaid payment from the victim, such as the F who was in a state of not working after receiving the prepaid payment, and the situation of conflict with the wife.

Around May 3, 2012, the Defendant acquired 3 million won from the victim in front of the Defendant’s house located in K in the front of the Defendant’s house located in K in the front of the front-Nam-si. The Defendant acquired 3 million won as the prepaid money from the victim.

Summary of Evidence

1. Entry of the first protocol of trial;

1. Entry of each prosecutor's protocol of examination of the accused in prosecution;

1. Application of each police statement law to I and D;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the principal sentence of Article 37 and Article 38(1)2 of the Criminal Code shall be determined in the crime of fraud against D with respect to a victim D with heavier judgment.