Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

[2014 Gocheon329] Around November 12, 2010, the Defendant told the victim to “D” operated by the victim C in Yongcheon-si, Chungcheongnam-si, Chungcheongnamcheon-si, Gyeongcheon-si, the Defendant stated that “I will work in multiple banks, which would change the amount of KRW 2 million in advance.”

However, even if the Defendant received the advance payment, the Defendant did not have any intention to work at the same time.

Around the 23th day of the same month, the Defendant received KRW 2 million from the victim as the agricultural bank passbook in the name of the Defendant, and acquired it by fraud.

[2014 high-level 890] The Defendant, around 17:00 on July 14, 2010, received KRW 3 million from the victim to the Agricultural Cooperative account under the pretext of advance payment from the victim, on the following grounds: (a) in G operated by the victim F, the Defendant had no intent to work as an employee from the victim’s multiples; (b) in spite of the victim’s intention to do so, the Defendant made a false statement to the victim: (c) “I will pay the victim KRW 3 million with the prepaid payment to the multiple employees from the day to the day of the payment.” (d) The Defendant acquired the victim from the victim as the victim’s prepaid payment.

[2014 Gocheon-si 1013] On May 10, 2010, the Defendant made a false statement to the effect that “The Defendant will work from May 13, 2010 on the part of the Victim I in Yongcheon-si H” to the effect that “The Defendant will work from May 13, 2010 on the part of the Defendant.”

However, even if the advance payment has not been made at the time of fact, there was no intention to work as an employee in the multi-level.

The Defendant, by deceiving the victim as above, received 3.5 million won from the victim to the account of community credit cooperatives under the name of the Defendant in advance.

Summary of Evidence

[2014 High Court Decision 329]

1. Police suspect interrogation protocol of the accused;

1. Statement by the police about C (2014 high-level 890);

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police with F (2014 high-level 1013);

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The Criminal Act among concurrent crimes.