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(영문) 부산지방법원 2013.06.27 2013고정1722

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 23, 2011, the Defendant was sentenced to imprisonment with prison labor and six months at the Busan District Court for fraud, etc. on February 13, 2012, which became final and conclusive on February 13, 2012.

The Defendant, with B, who was aware of the need for living expenses in the absence of a certain occupation, conspired to receive prepaid money from the victim in the manner that the victim D does not work after receiving the prepaid money in return for work at the “E entertainment drinking club” operated by the victim D in the Geum-gu Busan.

Around 15:00 on July 27, 2010, the Defendant made a false statement to the effect that “A shall start work concurrently on the part of A” to the effect that “A shall start work on the part of the victim on the part of an entertainment tavern in Daegu, while he is going to work on the entertainment tavern in Daegu.”

However, even if the defendant and B receive the advance payment from the victim, they did not have the intention or ability to work as an employee in the victim's entertainment tavern.

In collusion with B, the Defendant, by deceiving the victim as above, obtained 5 million won from the Busan bank account in the name of the Defendant on the same day as the prepaid payment from the victim, and obtained 2 million won from the above account on the 28th of the same month, and acquired 7 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement made to D by the police;

1. Investigation report (specific identification of a suspect and attachment of manual information);

1. A certified copy of the notarial deed or a copy of the passbook of the D Busan Bank;

1. Previous records of judgment: Criminal records, previous records of disposition and report (A), and application of statutes (in cases of Busan District Court Decision 201Sang 1551, etc.);

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.