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(영문) 부산지방법원 동부지원 2015.06.04 2012고단3863
사기
Text

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

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

Reasons

Punishment of the crime

[2012 Highest 3863] Around 21:00 on October 24, 201, the Defendant found it as an E entertainment tavern located in the Busan Young-gu, Busan, which is operated by the victim C, and made a false statement to the victim that “if there is any dispute, it shall be repaid every month on the day after the day on which it was paid in advance.”

However, the defendant did not have the intention or ability to work as an employee even if he received a prepaid payment due to raising his child.

On October 25, 201, the Defendant received KRW 3 million from the victim to the account of community credit cooperatives in the name of the Defendant on the pretext of advance payment from the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2012 Highest 4183] On September 27, 2011, the Defendant made a false statement to the effect that “The Defendant will work in good faith as an employee of G main office from the day following the day of face-to-face payment,” to the victim H at G main office located in the G main office in the G main office in the S main office F at Mad City on September 16, 201.”

However, even if receiving a prepaid payment, there was no intention or ability to work as the main employee.

The defendant received 2.7 million won in cash from the victim on the pretext of advance payment, and received 9.2 million won in cash from the defendant's account on the same day, and received 3.62 million won in total by deceiving the victim.

Summary of Evidence

[Attachment 2012 Highest 3863]

1. Defendant's legal statement;

1. Statement to C by the police;

1. A list of transactions of deposits and withdrawals [2012 highest 4183];

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to agricultural cooperatives (I) copies of bankbooks;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (in cases where the scope of Defendant’s liability for damages is unclear).

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