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(영문) 대구지방법원 경주지원 2015.04.01 2014고정305
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 15, 2014, the Defendant was sentenced to imprisonment for one year and two months for fraud in the Daegu District Court and racing support, and the judgment became final and conclusive on July 23, 2014.

The Defendant pretended to introduce the employees of B and entertainment establishments, and conspired to collect money through the 'brination' method that obtains money in the name of the introduction fee and prepaid fund, and suggested on April 30, 2010 that “the Defendant shall be punished by imprisonment with prison labor by telephone to the victim C as of April 30, 2010.”

As the victim responded to the proposal, around May 2, 2010, B introduced the victim's husband to the "Gda" operated by the victim E and F to the "Gda" operated by the victim in the vicinity of the D Park located in Daegu on May 2, 2010, and made a false statement to the effect that 4 million won is changed under the name of advance payment.

However, there is no intention to pay the remainder to F only three days of wages, and even if he does not receive the money from E, etc. as a prepaid payment, he did not have the intention or ability to have F and E work in the multi-face operated by the victim.

Nevertheless, in collusion with B, the Defendant received 8.8 million won in total by receiving 8.8 million won, such as receiving 8.8 million won in the passbook in B’s name from the victim, i.e., the victim’s false statement, received 5.2 million won from the victim’s seat, and transferred 2.8 million won in the passbook in B’s name to the passbook in May 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution and the police (including the substitute part);

1. Police suspect interrogation protocol regarding F;

1. Statement of the police statement regarding C;

1. Report of investigation (Attachment of Fraudulent Decision B which is recruited with a suspect), report of investigation (Attachment to this case related to B, and attachment to E judgments), report of investigation (in telephone and telephone conversations of a suspect), complaint, investigation report (general), computer inquiry request, and copy of each loan certificate;

1. Previouss before judgment: Criminal records and other data inquiry;

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