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(영문) 대전지방법원 2014.11.27 2013고단4342
사기
Text

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

Reasons

Punishment of the crime

[2013 Highest 4342] The Defendant: (a) on May 3, 2013, at the main point of “E” operated by the victim D in Gyeonggi-si; (b) even if the Defendant received the advance payment from the victim, the Defendant did not have the intent or ability to work as an employee from the above main point, and (c) made a false statement to the victim that “the prepaid payment shall be made at the main point as an employee; (d) the victim was transferred from the victim’s seat to the Agricultural Cooperative Account in the name of the Defendant, i.e., he was transferred KRW 60,000 from the Defendant’s seat to the Defendant’s Agricultural Cooperative Account on the 10th day of the same month; and (e) the Defendant was transferred from the victim’s seat to the said account.

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

[2014 Highest 3070] On August 8, 2013, the Defendant stated that “F will work from the face value F” to the victim G operating the key point of “F” at the mutual and American coffee shop located in the Gyeonggi Pyeong-gun.

However, the Defendant, at the time, had a debt equivalent to KRW 20 million to KRW 30 million and had been thought to be used in paying the said debt by receiving money from the victim, and there was no intention to work from said F.

The Defendant, as such, by deceiving the victim, received KRW 7 million from the victim to the Daegu Bank Account (H) in the name of the Defendant.

[2014 Highest 336]

1. On October 26, 2013, the Defendant stated that “The Defendant would have borrowed money from the Defendant’s Multilateral to the business owner in the former Non-Party I in the former Non-Party I at the J Down-gun, the Defendant agreed that “I will do so from the J Multilateral, the Defendant would have paid the money.”

However, the defendant received money from the victim to pay his/her debt, planned to use it as a living cost, and did not intend to work in a multilateral course of the operation of the victim.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Daegu Bank Account (Account Number: H) in the name of the Defendant on the same day.

2. The Defendant raises a sport around October 30, 2013.

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