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(영문) 대전지방법원 2013.10.14 2013고단2243
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On April 9, 2007, the criminal defendant against the victim C was issued KRW 4 million to the victim C by stating that “The defendant will work as an employee from the day on which he/she was paid the advance payment to the victim C,” at the main point of “E” located in Daejeon Sung-gu, Daejeon.

However, in fact, the defendant did not have an intention to work as an employee from the main point of the victim, thereby deceiving the victim and deceiving the victim, thereby deceiving 4 million won from the victim as a prepaid payment.

2. The Defendant, in collusion with G on February 23, 2008, received KRW 7.6 million from February 24, 2008, on the following grounds: (a) the Defendant: (b) in collusion with G, did not know the trade name near the I Station located in Daejeon Dong-gu, Daejeon; (c) the victim F stated that “the Defendant would work as an employee at the K entertainment tavern located in the JJ in Chungcheongnamcheon-gu, Chungcheongnamcheon-si, the victim would work as an employee from February 25, 2008.”

However, in fact, the defendant and G did not have the victim's intent to work as an employee in the entertainment tavern of the victim, and the amount received in advance was divided into three million won for the defendant and 4.6 million won for G.

Accordingly, in collusion with G, the defendant deceivings the victim and 7.6 million won in advance from the victim.

3. Around May 27, 2008, the criminal defendant against the victim L made a false statement to the victim “N” entertainment tavern operated by the victim L in Gangwon-gun M of Gangwon-gu, stating that the defendant did not intend to work as an employee from the above main point of view, the victim “I will work at the main point of view with the advance payment of KRW 2 million.”

As above, the Defendant, by deceiving the victim as above, received 2 million won as a prepaid payment from the victim, that is, he obtained from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C, F, and L;

1. Each complaint;

1. Application of Acts and subordinate statutes to each cash storage certificate, each copy of passbook, a copy of a cash storage certificate, and a copy of a cash receipt;

1. Criminal facts;

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