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(영문) 대구지방법원 김천지원 2013.12.19 2013고단1585
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the owner of C, D, and the main place of business under the pretext of prepaid money, the Defendant attempted to acquire money by deceiving the owner of the main place of business, etc. by making a false statement that he would work as an employee even though he did not have the intent or ability to pay the money.

1. On July 1, 201, at around 13:00, the Defendant stated that, “Around July 1, 2011, the Defendant provided that, “If the Defendant provided money to another person and borrowed 10 million won per person who provided miscellaneous expenses, cosmetics, and clothes, he/she would perform work from July 7, 201, 201.”

However, since Defendant C and D received advance payment from the victim from the beginning and attempted to use it, they did not have the intention or ability to work at the above main point even if they were paid advance payment from the victim.

Ultimately, the Defendant, in collusion with C and D, by deceiving the victim as above, received KRW 20 million from the victim on July 5, 201 and KRW 10 million on July 6, 201.

2. On July 25, 201, the Defendant, along with C and D, concluded that “The victim’s “J key point” in the operation of the victim I located in Gumi-si, Gumi-si, U.S., would have 12 million won each by the advance payment, from the day on which the victim would have 12 million won each by the advance payment.”

However, since Defendant C and D received advance payment from the victim from the beginning and attempted to use it, they did not have the intention or ability to work at the above main point even if they were paid advance payment from the victim.

Ultimately, the Defendant, in collusion with C and D, by deceiving the victim as above, and received a total of KRW 35,100,000 from the victim on July 26, 201 as advance payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of I and G;

1. The Acts and subordinate statutes governing investigation reports (attached to documents submitted by the victim);

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