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Reasons
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(영문) 의정부지방법원 2014.08.18 2014고단1491
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 11, 2011, the Defendant was sentenced to two years of imprisonment for a crime of fraud at the District Court of Jung-gu, which became final and conclusive on October 22, 2011.

1. Fraud against the victim B;

A. On July 13, 2009, the Defendant made a false statement to the victim B, “The Defendant, who is a title of job placement, shall be employed in the military unit by having the victim B work as a head of the Si/Gun/Gu, who is located in the 20 million US and the 20 million US and the C office located in the 2009 US and the 20 million US and the 7 million won will be changed in advance.”

However, the defendant did not have the intent or ability to get a relative of the victim to be employed, and the victim was able to receive money in advance for employment mediation and to complete payment.

Nevertheless, the defendant was transferred KRW 7 million to the account in the name of the defendant on the same day under the pretext of advance payment for employment mediation by the accused accused.

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

B. On August 26, 2010, the Defendant made a false statement that “The Defendant would make a big profit if he/she pays the price for the goods to be supplied to the U.S. military unit. If he/she lends money to pay the price for the goods to the Plaintiff, he/she would also pay the interest of 20% until December 31, 2010.”

However, the Defendant did not have an intent to pay for the goods to be supplied to the military unit with money borrowed from the victim, and the Defendant was able to receive money from the victim as the borrowed money and paid the money.

Nevertheless, the Defendant was paid KRW 40 million on the same day as the borrowed money by the defrauded, and continued to receive the remittance of KRW 6 million on September 3, 2010 to the account under the name of the Defendant.

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

2. The victim D.

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