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(영문) 광주지방법원 2014.10.02 2013고단6350

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 8, 2013, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Sungnam Branch of Suwon District Court on November 8, 2013, and the said judgment became final and conclusive on November 16, 2013.

[2013 Highest 6350] On July 25, 2013, the Defendant stated that “the Defendant would pay 8 million won in advance payment and perform work at E stores from August 3, 2013 to pay 8 million won in advance,” and received from the victim who believed that it was transferred 8 million won in that place to the Defendant’s account.

In fact, even if the defendant receives advance payment from the victim, the defendant did not have the intention or ability to work at the main point operated by the victim.

Accordingly, the defendant deceivings the victim by the above method, and received 8 million won from the victim as a prepaid money, and acquired it by fraud.

[2013Hadan6363] On June 12, 2013, the Defendant stated that “A victim I who operates H job placement offices located near G located in Daegu Dong-gu, Daegu-gu, would get off the job, and will get off the job.”

However, the defendant did not have the intention or ability to pay the advanced payment even if he did so after the victim introduced a job.

As above, the Defendant, by deceiving the victim as above, received money of KRW 13 million from the victim as a prepaid payment around June 15, 2013, and acquired it.

[2014 Highest 307] The Defendant conspireds to acquire the advance payment from J and amusement business owners without doing any work.

On September 10, 2013, the Defendant: (a) around September 10, 2013, the Defendant committed an act with the victim M who operated the Lnobybya club located in K located in Chungcheongnam-gun, Chungcheongnam-gun, without receiving any wage from the J, if he/she would be liable to pay five million won in advance each of five million won.