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(영문) 청주지방법원 2016.05.25 2016고정251
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From the beginning of July 2009, the Defendant received money from the injured party under the name of advance payment from the injured party on August 2009 while serving as an employee at the “D Motor Vehicle Parts Center” store operated by the injured party C, Young-gu, Cheongju-si.

The defendant around August 9, 2009 at the above "D Motor Vehicle Parts Center" store, and the victim needs to pay money due to living expenses, etc.

Along with the pre-payment of wages, false statement was made that “A person will continue to work.”

However, in fact, even if the defendant received the benefits from the injured party, he was the potential intention, and he did not intend to continue to work in the above store.

Ultimately, the Defendant, by deceiving the victim as above, received from the victim, KRW 1 million around August 9, 2009, and KRW 800,000 around the 11th day of the same month from the victim, as the advance payment, and acquired it by deception.

2. On August 13, 2009, the Defendant is a vehicle belonging to the “D Motor Vehicle Parts Center” operated by the victim F, which is operated by the victim F, the Heung-gu Seoul Metropolitan Government, Chungcheongnam-gu, and requested the victim to repair the vehicle by entrusting the repair of the vehicle to the victim.

On the face of repair, C made a false statement that the repair cost will be paid on behalf of C.

However, in fact, the car is the car owned by the defendant and there was no obligation for C to pay the repair cost on behalf of the defendant.

Ultimately, the Defendant, by deceiving the victim as above, caused the victim to repair the car at the seat, and did not pay the repair cost of KRW 500,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A copy of the monthly wage ledger;

1. Application of Acts and subordinate statutes to a copy of vehicle work instruction;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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