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(영문) 대구지방법원 서부지원 2013.07.26 2013고정304

사기

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around March 19, 2012, the Defendant made a false statement to the victim D, a business owner in the “C” entertainment drinking club located in Gyeonggi-gu World Trade Organization B, stating that “The victim D, a business owner, was changed by 4.5 million won in advance from the day on which he/she saw two AC and the day at the main store.”

However, even if the advance payment is received, there was no intention or ability to work at the above main point.

As such, the Defendant, by deceiving the victim, received 600,000 won from the victim to the account in the name of E under the pretext of advance payment, and received 100,000 won in cash as expenses and acquired it by fraud.

2. On March 23, 2012, the Defendant concluded that “Around March 23, 2012, the Defendant made a false statement to the Victim H, a business owner in the “G” entertainment drinking club F in Gyeonggi-gu, with the payment of KRW 15 million in advance at the home and at the main store.”

However, even if the advance payment is received, there was no intention or ability to work at the above main point.

As such, the defendant deceivings the victim, which is a matter of course, obtained 4 million won in cash from the victim in advance, and acquired it by deception.

3. Around March 26, 2012, the Defendant made a false statement to the victim H that “if the value was broken down two million won or more while lending two million won to the victim H, the amount will be repaid while doing work.”

However, there was no intention or ability to pay the above money.

As such, the Defendant, by deceiving the victim as such, received two million won as a loan from the victim and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement to D and H

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;