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(영문) 제주지방법원 2014.06.13 2014고정73
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2014 high-level 73] The Defendant, on March 28, 2008, received 90,000 won in cash from the victim E, who borrowed money, stating that “The Defendant would pay 1,000,000 won to pay telephone charges and pay fares after two months,” despite having no intention or ability to do so, he/she acquired 90,000 won in cash from the victim E.

[2014 high-level 185] On June 4, 2013, the Defendant: (a) called “G sran tavern” in the “G sran tavern” in the “G sran tavern” and called as an employee by posting a phone to the victim H; (b) however, even if the Defendant received a prepaid payment, he did not have any intention or ability to work at the said main point.

Nevertheless, on June 4, 2013, the Defendant received 2 million won from the victim to the account under the name of the Defendant (Korean Bank J) designated on June 4, 2013, and acquired it by fraud.

[2014 fixed-term 186] The Defendant found the "Mdab" for the operation of Lane in K at Jeju on September 22, 2012, and demanded the amount of KRW 2 million from this frame to work as an employee from the above tea. However, even if the Defendant received the advanced payment, he did not intend to work as an employee.

Nevertheless, the Defendant, by deceiving the victim as above, received the advance payment of KRW 2 million from the victim to the N's account designated by the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E, H and L;

1. Application of a certificate of borrowing, details of deposits received, and cash receipt Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act and the choice of fines;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

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