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(영문) 대전지방법원 2012.10.12 2011고단2896
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

Punishment of the crime

1. Defendants

A. The Defendants, without any specific occupation, conspiredd to acquire money by iceing employment even though they did not have the intent or ability to work as an employee even if they received prepaid money from a multilateral employer, etc.

(1) On July 30, 2010, the Defendants conspired to introduce Defendant B to the said victim “FC” operated by the victim E in Daejeon-gu Daejeon-gu, Daejeon-gu, the Defendant introduced Defendant B, stating that “Is young children who wish to use the internal guarantee.” Defendant B found Defendant B as the same multiples, thereby hiding Defendant A’s friendship and making the victim “Is to use the advance payment amount of KRW 2,500,000,000 from the day following the following month.”

However, even if Defendant B received the advance payment from the victim, he did not have the intention or ability to work normally as an employee in the above multi-party.

Nevertheless, the Defendants: (a) by deceiving the victim as above; and (b) received from the victim the total sum of KRW 2,500,000 on July 30, 2010 and KRW 2,500,000 on August 2, 2010.

(2) On November 9, 2010, the Defendants made a statement to the effect that “The Defendants will work as an employee from the Dang-si, Myeon-dong, Chungcheongnam-do as a job placement service.” The Defendants made the said statement to the victim J, who operates the Ida-gun, Chungcheongnam-gun.

However, even if the defendant B received the advance payment, he did not have the intention or ability to work as an employee.

Nevertheless, the Defendants deceiving the victim as above and transferred 4,000,000 won to the national bank account (Account Number K) in the name of Defendant B on the same day from the victim.

(3) The Defendants: (a) around November 17, 2010, to M engaged in job placement services from “N” operated by Daejeon Dong-gu L, Daejeon; and (b) “Advance payment 2,00.”

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