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(영문) 창원지방법원 마산지원 2012.12.12 2011고단409

사기

Text

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

Reasons

Punishment of the crime

The defendant was sentenced to ten months of imprisonment for fraud at the Changwon District Court on April 1, 2008 and completed the execution of the sentence in the Changwon Prison on June 4, 2008.

[2011 Highest 409]

1. On December 1, 2010, the Defendant received each remittance of KRW 1,00,000,00 from the victim’s “D' points” in the “D' points for the operation of the victim’s C, located in Dong-dong, Chungcheongnam-gun, Chungcheongnam-gun, to the victim “B will give 1,900,000 won in advance to the victim at the main point,” and received 1,00,000 won around the second day of the same month.

However, even if the Defendant received advance payment from the victim as above, the Defendant did not have any intent to work at the above main point, and did not have any ability to repay the said advance payment if he did not do so.

Accordingly, the defendant deceivings the victim, thereby deceiving 1,900,000 won.

[2011 Highest 527]

2. On March 23, 2011, the Defendant made a false statement to the effect that “If the Defendant borrowed money from the job placement office that belongs to the previous employee, 3 million won would be lent to the victim, the Defendant would have worked in the victim’s job placement office 3 days a week from the 28th of the same month, and the victim would have paid 500,000 won the principal every month while working in the entertainment office that mediates the victim.”

However, even if the victim borrowed money, the defendant did not have the intent to work at the job placement office of the victim and did not have the ability to repay the above borrowed money.

Accordingly, the Defendant, by deceiving the victim as above, received 3 million won from the victim via the passbook (Account Number H) bank account in the name of the Defendant, and acquired pecuniary benefits equivalent to the same amount.

[2011 Highest 555]

3. Around March 5, 2011, the Defendant stated that, within the K Job Placement Office operated by the KJ, the complainant agent located in the window I of Changwon-si, the Defendant would faithfully perform his/her duties within two months with the intention of paying the amount of a million won to the complainant agent.

However, advance payment.