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(영문) 광주지방법원 순천지원 2014.07.23 2012고단1755 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The criminal defendant against the victim B in collusion with C (Separation of pleading), D, and E on November 6, 2009, the defendant acquired 6.8 million won from the victim under the name of the defendant's advance payment, and the defendant acquired 6.8 million won from the victim on the 7th day of the same month following the day when the victim did not have the intent or ability to work for the victim even if he received money from the victim, and C received 6.8 million won from the victim under the name of the defendant's advance payment.

2. On September 1, 2009, Defendant A said that “If a person pays a advance payment, he/she will work as an employee for the said multi-party” with K and the victim from the “Jari” operated by the victim H in Jari-si, Jari-si, Gyeongnam.”

However, in fact, the defendant did not have the intention or ability to work as an employee in the above multi-party.

As above, the Defendant, by deceiving the victim, received KRW 50,000 from the victim, who was in his seat, to receive KRW 9,700,000 from the deposit account (M) in the name of L on September 8, 2009, and received KRW 60,000 on the same day, and acquired KRW 10,350,000 for the same day, such as borrowing expenses and purchase expenses of cosmetics.

3. On October 13, 2009, the Defendant against the victim N stated that “P entertainment tavern” that the victim N was preparing for a business opening in Seo-gu, Seo-gu, Gwangju, stating that “I will work in the PP entertainment tavern. However, in order to work, I must pay money to the victim with a set of money before the work. If I lend money, I will first pay money and work in the P entertainment tavern.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to work at the above establishment.

As above, the defendant deceivings the victim, which is, i.e., 2.5 million won from the victim, and acquired it by fraud.

4...

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