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(영문) 대전지방법원 서산지원 2013.06.14 2012고단537
사기
Text

A defendant shall be punished by imprisonment for six 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 September 20, 201, the Defendant employed the victim as an employee of the said Dju on the condition that the Defendant would pay KRW 70,000 per day from the “Dju shop” operated by the Defendant in Dju-si.

However, at the time, the DNA store operated by the defendant was unable to avoid the state of deficit when deducting rent, purchase cost of alcoholic beverages, daily allowance of employees, etc., and the profits from the DNA store should be used for other debt repayment, so the defendant had no intention or ability to pay the wages properly even if he was provided with services from the victim.

Nevertheless, as if the Defendant would be able to pay the wages properly, the Defendant paid 50,000 won out of the amount of 500,000 won to the victim, even though the Defendant was provided with services equivalent to the total of 1,40,000 won from September 20, 201 to October 17, 201, and acquired property profits equivalent to 90,000 won.

2. Around September 24, 2011, the Defendant said that, if he/she lent KRW 30 million to the victim E at the accommodation of the said “Dju” employee, he/she would have to repay KRW 10 million at the latest to the victim E, he/she would have paid 30 million interest at the latest in two to three months.

However, in fact, the defendant was planned to use the above money as his livelihood repayment and living expenses, and the defendant did not have any property, among the circumstances in which the defendant had no specific property, D points operated by the defendant as above are difficult to avoid the state of the enemy, so the defendant did not have any intention or ability to pay the money to the victim.

Nevertheless, the Defendant made a false statement to the victim and received 14,450,000 won from the victim’s account in his/her own name (the interest is deducted from KRW 15 million) around the 27th day of the same month, and 14,450,000 won (the interest is deducted from KRW 15 million) around October of the same year.

Summary of Evidence

1. Partial statement of the defendant (as of the seventh trial date);

1. Trial records of the third time;

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