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(영문) 광주지방법원 2014.12.11 2014고단2014

사기

Text

Defendant

A shall be punished by fine for negligence of KRW 1,000,00, and by imprisonment of KRW 8 months for each of the defendants B and C.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

In order to resolve the pre-paid amount, debt, living expenses, etc. of the previous businesses already borne by the Defendants of 2014 J and the Defendants of 2014-Ma2014, they did not receive the pre-paid amount from the entertainment establishments for a short period of time or in a manner that does not perform any work at all.

1. The Defendants, along with J on September 14, 2013, made a false statement to the effect that, even if the Defendants received the advance payment, they did not have the intent or ability to return the advance payment if they did not work as an employee, but did not have the intent or ability to do so, the Defendants would bring the monthly payment to TC (TC) and work as an employee in the above summary.”

On the same day from the victim, the defendant A received 3 million won from his own account of community credit cooperatives (M), 4 million won from the agricultural bank account (O), 5 million won from the national bank account in the name of P, 5 million won from the national bank account in the name of P, and 4 million won from the J to the corporate bank account in the name of R, respectively.

Accordingly, the Defendants received property by deceiving the victim in collusion with J.

2. Joint criminal conduct by Defendant B and Defendant C

A. On September 6, 2013, the Defendants made a false statement on the part of the victim T in the V entertainment tavern operated by the victim T in Leecheon-si, Gyeonggi-do, in fact, even if the Defendants received a prepaid payment, but did not have the intent or ability to return the prepaid payment if they did not work as an employee, but did not have the intent or ability to do so. However, the Defendants made a false statement on the part of the victim that the Defendants would be an employee.

On the same day, Defendant B transferred KRW 5 million to the account of community credit cooperatives (M) in the name of Defendant B, and Defendant C transferred KRW 6 million to the Agricultural Cooperative (O) account in the name of N in advance, respectively.

As a result, the Defendants conspired to induce the victim to take property.