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(영문) 창원지방법원 진주지원 2014.02.11 2013고단560
사기
Text

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

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

[2013 Highest 560]

1. On January 9, 2008, the Defendant made a false statement to the victim of Dda operated by the victim C in the Sinnam-gun B, Busan-gun, stating that “The victim will be working for the multilateral employee immediately from the day after the day when the payment was made.”

However, in fact, the defendant did not intend to work as an employee from the above multi-party perspective.

As such, the Defendant, who made a false statement to the victim, received 4 million won from the victim’s place of residence.

2. On March 6, 2008, the Defendant: G Dada operated by the Victim F in Jinju-si on March 6, 2008, for the victim’s 2 million won with the advance payment to the victim.

3. From October to January, it will be an employee.

‘False speech' was made.

However, in fact, the defendant did not intend to work as an employee from the above multi-party perspective.

As such, the Defendant, who made a false statement to the victim, received KRW 1 million from the victim’s occupation.

[Judgment of the court below]

3. On July 23, 2007, the Defendant made a false statement to the victim J on the part of H in the vicinity of the shuttle-si bus terminal in J, J, 2007, stating that “The Defendant would work in the Lone which is operated by the victim from July 26, 2007 to the Gandong-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, the victim J. 3 million won.”

However, in fact, the defendant did not intend to work as an employee from the above side operated by the victim.

As can be seen, the Defendant received 3 million won as a prepaid payment from the victim on his/her job by making a false statement to the victim.

Summary of Evidence

【Facts stated in paragraphs 1 and 2 of the Criminal Facts】

1. Each police interrogation protocol against the accused;

1. Each police statement concerning C and F;

1. Labor contract, certificate of borrowing money or written confirmation on deposit without passbook;

1. Cash tea certificate (the fact stated in paragraph (3) of the facts of crime);

1. Each police interrogation protocol against the accused;

1. Each police statement made to J and H;

1. Application of Acts and subordinate statutes concerning borrowing money, employment contracts, and transaction details by account;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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