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(영문) 청주지방법원 2012.10.31 2011고단2606

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who worked from January 2009 to October 201, 201 as C Daily Da in a considerable area of Chungcheongbuk-si, Chungcheongnam-si.

1. Around June 27, 2011, the Defendant committed the crime of June 27, 2011 stated that “A victim F in the above C Daily E branch of E branch of E branch of E branch of E would give the victim F an advance payment of KRW 15 million from the monthly newspaper strike in E branch of E branch of E branch of E branch of E.”

However, the Defendant did not supply the land for advance payment after receiving KRW 25 million in total from G on February 7, 2011, and was demanded to return the said advance payment, and there was no intention or ability to pay the said advance payment, even if it was promised to receive money from the victim, due to the Defendant’s obligation to pay approximately KRW 28 million from the lending company, such as Eththi and Calin, etc., or there was no intention or ability to pay the advance payment.

Nevertheless, the Defendant, as seen above, by deceiving the victim and by deceiving the victim, acquired the victim with the remittance of KRW 15 million under the pretext of advance payment from the victim.

2. On July 11, 2011, the Defendant stated that “Around July 11, 2011, the Defendant committed the crime at the above location that “Around July 2011, the head of the branch office of a comprehensive newspaper company, who knows H in the Chungcheong voice, would give the victim a large amount of money by giving him/her all such a lot of strikes.”

However, the Defendant was not able to provide the victim with a strike as agreed in the above Paragraph 1, and H, who tried to introduce the victim, did not run a newspaper company branch, and the Defendant did not have any intent or ability to return the aforementioned advance payment to the victim even if the Defendant received the money from the victim due to the existence of the obligation of KRW 3,000,000 for G and loan businesses.

Nevertheless, the defendant deceivings the victim as above and is on the same day under the name of advance payment from the victim.