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(영문) 청주지방법원 충주지원 2016.10.14 2016고단339
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On July 21, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Daegu District Court Kimcheon Branch on July 21, 201, and was sentenced to six months of imprisonment with prison labor for larceny in the Daejeon District Court Seosan Branch on March 25, 2011 during the grace period, and the said suspended sentence was invalidated on March 30, 201, and the said suspended sentence became final and conclusive on March 15, 2012.

[2016 Highest 339] On November 2, 2012, the Defendant made a false statement to the effect that “The Defendant will work in Dda on the main page of Dda,” the victim’s “Dda,” operated by C, a victim in C, who is located in Dda, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.”

However, the defendant did not have the intention or ability to work in the above multiples even if he received a prepaid payment from the victim because the defendant had a lot of health conditions due to urology at the time.

The Defendant received 8.4 million won from the victim, namely, in advance, from the victim.

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

[2016 Highest 521] On February 7, 2015, the Defendant was issued KRW 100,000 to the account of community credit cooperatives (I) in the name of H on February 9, 2015, on the following grounds: (a) the mother of the Defendant was not in an open situation at the time in the “Gda” operated by the Victim F in Nam-si, Namwon-si; and (b) the Defendant did not have any intent or ability to work in the said multilateral bank even if he was paid the advance payment, and (c) the Defendant did not have any intention or ability to work in the said multilateral bank.”

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

Summary of Evidence

[2016 Height339]

1. Defendant's legal statement;

1. Statement to C by the police;

1. The certificate of loan (2016Sang521);

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Investigative report (the suspect's mother telephone communications);

1. Detailed statement of banking transactions (No. 14 of the evidence list);

1. Criminal records, etc.;

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