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(영문) 광주지방법원 목포지원 2014.07.25 2013고단1767
사기
Text

A person shall be punished by imprisonment with prison labor for not less than five months for the first and second crimes in which he/she held a defendant, and by imprisonment for not more than two months for the third crimes in its holding.

(b).

Reasons

Punishment of the crime

【Prior Crimes of the latter concurrent crimes of Article 37 of the Criminal Act】 The Defendant was sentenced to a suspended sentence of imprisonment with prison labor for five months for a crime of fraud on June 3, 2008 at the Ganpo District Court Branch of Gwangju District Court, and the judgment became final and conclusive on June 11, 2008.

【Criminal Facts】

1. Around October 1, 2007, the Defendant made a false statement that “the Defendant would work as a principal employee of a prepaid person” to the victim of the D entertainment tavern operated by the victim C in Sinpo-si B.

However, even if the defendant received the advance payment, he did not intend to work as an employee.

The Defendant, as such, by deceiving the victim, received KRW 8 million from the victim on the same day as the advance payment.

2. Around November 7, 2007, the Defendant made a false statement to the victim of G entertainment tavern operated by the Victim F in Sinpo-si E that the victim would work as the principal employee of G entertainment tavern.

However, even if the defendant received the advance payment, he did not intend to work as an employee.

The Defendant, as such, by deceiving the victim, received KRW 12 million from the victim.

3. Around October 29, 2008, the Defendant made a false statement that “the Defendant would work in advance as an employee if the Defendant would work in advance” to the victim at the J Ssing Center operated by the victim I, who is located in H at the time of Ghana.

However, even if the defendant received the advance payment, he did not intend to work as an employee.

The Defendant, as such, by deceiving the victim, received delivery of KRW 4 million on October 29, 2008 and KRW 4.2 million on October 30, 2008 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police against K;

1. Each police statement of the I, C, and F, and I's accusation;

1. - A certified copy of notarial deed - a passbook copy, passbook, etc.

1. Before judgment: Criminal records and criminal records - Application of one copy of judgment Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1.Article 37 (latter part) of the Criminal Code and Article 39 (1) of the Criminal Code

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