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(영문) 전주지방법원 2014.02.20 2013고단2831

사기

Text

Defendants shall be punished by imprisonment for four months.

However, for one year from the date this judgment became final and conclusive, the above punishment against Defendant B.

Reasons

Criminal facts

Defendant

A on August 19, 2009, the period of parole was expired on March 30, 2010 after the parole on March 30, 2010 during the execution of the sentence.

On October 24, 2013, the prosecutor had been sentenced to ten months of imprisonment for fraud at the Jeonju District Court to the Defendants and had been sentenced to the said judgment finalized, and the crime of this case was deemed concurrent crimes under the latter part of Article 37 of the Criminal Act. However, the said judgment is still pending in the appellate court (the Jeonju District Court 2013No1417) as of the appeal of subsequent completion of appeal by the Defendants, and it cannot be deemed that the said judgment became final and conclusive. Therefore, the said judgment cannot be viewed as concurrent crimes under the latter part of Article 37

1. On October 8, 2011, Defendant B, in the “K” entertainment tavern operated by the VictimJ located in Chungcheongbuk-do I, and even if receiving a prepaid payment, he/she did not have an intent or ability to work as an employee, he/she falsely speaks that “I will work as an employee on his/her own,” and he/she received KRW 5 million from the victim as the prepaid deposit amount from the victim, and on October 10, 201, he/she received the victim’s deposit amount of KRW 400,000 from the victim on the same day as the passbook under the name of the victim, and received KRW 10,000,000 from the victim on three occasions in total by receiving the deposit amount of KRW 1,100,000 from the victim, respectively.

2. Defendant A

A. On October 8, 2011, the Defendant, despite having no intent or ability to work as an employee even if he/she received a prepaid payment, the Defendant found the said victim’s “K” entertainment drinking club operated by the said victim’s J with the said “K will work as an employee on his/her own.” The Defendant received KRW 600,000 from the victim as the head of the Tong in the name of M M as the head of the Tong.

B. On December 10, 201, the Defendant: (a) was “P Music Hall” in the operation of the Victim N located in Seojin-gu Seoul Metropolitan Government O on December 10, 201; and (b) was in fact.

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