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(영문) 부산지방법원 2014.11.27 2014고정3783

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 24, 2013, the Defendant was sentenced to imprisonment with prison labor and eight months at the Busan District Court for attempted fraud, etc., and the judgment became final and conclusive on November 1 of the same year.

On December 2, 2011, the Defendant made a false statement to the “D” office for the operation of the Victim C, which is located in the Seocho-si, Jeju Warman, that “The Defendant will faithfully work for the victim as an employee by faceing 12.5 million won with advance payment, and by March 2012.”

However, even if the defendant receives a prepaid payment from the victim, he/she did not have any intent or ability to work faithfully as an employee in the above D, such as having a debt of 20 million won in the entertainment tavern that he/she worked immediately before.

Around December 6, 2011, the Defendant, by deceiving the victim as above, received 6 million won from the Jeju bank account under the name of E to the prepaid deposit account, and obtained 6.5 million won in total from the same account around July of the same month, and acquired 12.5 million won in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Each statement of G and H;

1. An investigation report (the details of conversations with C which is the complainant), a criminal investigation report (the details of international conversations for a witness), a criminal investigation report (the contents of Korean currency for a witness), a criminal investigation report (the contents of Korean currency for a witness), a criminal investigation report (the contents of Korean currency for a witness), a criminal investigation report (the contents of Korean currency for a witness), a criminal investigation report (the contents of Korean currency for a witness), a criminal investigation report (the contents of Korean currency for a user)

1. A statement of transaction in a national bank account under C, a business license certificate, a notarial deed, and a statement of account transaction in E name;

1. Before ruling: Case search, application of Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;