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(영문) 부산지방법원 2014.03.14 2013고단8340
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

order of dismissal 8340

1. The Defendant and C’s joint criminal conduct committed with C (a summary order of a fine of one million won on October 31, 201) and C, despite receiving prepaid money, did not have the intent to work as the main employee or the ability to repay the said money, but did not have the ability to do so, they had the intent to acquire money by means of mutual security.

At around 16:00 on March 5, 201, the Defendant conspired with C, and then, at the E Job Placement Office located in D on the window of Changwon on March 5, 2011, the Victim F, “C will work as a main employee as a main employee who will serve as a three million won advance payment as a business establishment that is introduced by the head of Myeon Office.” When C receives three million won advance payment, the Defendant will become a joint and several surety, and when the Defendant receives 3.5 million won advance payment, C will become a joint and several surety.

However, the defendant and C did not intend to work as the main employee even after receiving the advance payment.

Accordingly, the defendant, in collusion with C, deceivings the victim, and by deceiving C as a prepaid payment from the victim's place, and the defendant acquired 3.5 million won, respectively, and acquired 3.5 million won.

2. On June 15, 2011, the Defendant’s sole criminal defendant made a false statement to the victim I that “The victim I will work for five million won in advance as a multi-party employee on a face of a week.”

However, even if the defendant received the advance payment, he did not intend to work as an employee.

Accordingly, the defendant deceivings the victim and obtained 5 million won as a prepaid payment from the victim in the same place.

8746 decided December 2013

3. On June 26, 2013, the Defendant: (a) did not have an intent to work as an employee even if he/she was indicted for a crime of fraud at the Changwon District Court on the charge of fraud and received a prepaid payment; (b) did not have an ability to perform his/her work as an employee; (c) provided that the business owner would work as an employee; and (d) had the intent to receive money by fraud.

On May 26, 2011, the Defendant conspired with J, and on May 15, 201

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