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(영문) 수원지방법원 여주지원 2013.09.09 2013고단542
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 800,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

In fact, even if the Defendants received money from another person in advance, they conspired to do so with the intention or ability to work as a multilateral employee without any intention or ability to do so, and to take money by deceiving prepaid money as if they were fully paid. On February 27, 2013, the Defendants concluded that “Eab” operated by the victim D, who is in the Sin-si-si, from the “Eab” on February 16, 2013, the Defendants concluded that “on the advance payment, one million won per individual shall work as a multi-party employee and shall be repaid.”

However, the fact was that the victim did not have the intention or ability to work as an employee from the victim's multi-party perspective, and it was thought that it was used for personal debt repayment with the above money.

The Defendants, as such, by deceiving the victim, received from the victim the total sum of KRW 2 million in each one million under the pretext of prepaid in the same place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Articles and 347 (1) and 30 of the Criminal Act: Defendants who choose the penalty for a crime: Articles 347 (1) and 30 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;

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