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(영문) 대구지방법원 영덕지원 2014.01.08 2013고정84

사기

Text

As to the crime No. 1 of the judgment of the defendant, a fine of KRW 300,00 and a fine of KRW 200,000 for the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On January 22, 2008, the Defendant was sentenced to one month of imprisonment and ten months of imprisonment for a crime of fraud in the port branch of the Daegu District Court on January 22, 2008, and the said judgment became final and conclusive on June 4, 2008, and on October 11, 2012, the said judgment became final and conclusive on December 27, 2012.

1. On September 6, 201, the criminal defendant against the victim B made a false statement to the victim B (the 4 million won in advance and the defendant's mobile phone fee of KRW 300,000,000,000,000 in advance) in the Dda located in Young-gun, Chungcheongnam-gun, Chungcheongnam-do around September 6, 201, stating that the defendant would work as Ddac employee operated by the victim B.

However, even if the defendant received the advance payment, he did not intend to work as an employee at the same time.

As such, the Defendant, by deceiving the victim B, received 4 million won from the victim B to the Defendant’s account under the pretext of advance payment, and borrowed 300,000 won in cash.

2. On October 2, 2007, the criminal defendant against the victim E made a false statement to the victim E (the South and the North Korean age of 57) in Gda located in Young-gun F of Yong-gu, Chungcheongnam-gu, Seoul at the time of non-payment on October 2, 2007, stating that the victim E will work as a Gda employee operated by the victim E if he/she takes the lead of one million won of the advance payment.

However, even if the defendant received the advance payment, he did not intend to work as an employee at the same time.

The Defendant, by deceiving the victim E as such, received one million won from the victim E to the Defendant’s account as a prepaid deposit, and acquired it by fraud.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the accused;

1. Statement made by the police in relation to B and E;

1. Each description of a copy of each loan certificate and a copy of the NongHyup account;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports, and application of Acts and subordinate statutes recorded in each judgment;

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

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes