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(영문) 대구지방법원 2015.05.29 2014고정2866
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Daegu District Court on May 2, 2014, and the judgment became final and conclusive on May 2, 2014.

A person who assumes a false name called B and C, even though he did not intend to work in a multi-face, shall receive a prepaid payment from the owner of the multi-facel business, and shall be locked. The Defendant knowingly committed a crime of a “brination” to introduce it to the multi-facel business owner, thereby having the intent to acquire money.

Around July 9, 2013, in collusion with B and the above-mentioned persons, the Defendant made a false statement to the effect that “The Defendant, while introducing B and the above-mentioned persons to the victim under the Fda operated by the victim E in the Gyeong-gun, Chungcheongnam-gun, Kim Jong-gun, the Defendant would have the victim work from the date of payment or introduction.” The Defendant made a false statement to the effect that “The Defendant would have the victim work from the date of payment or introduction of the advance payment to the date of payment or introduction,” and the persons whose name was the victim B and the above-mentioned persons were the victim of the advance payment

However, facts do not have the intention or ability to work in a multi-face, and the defendant did not have the intention or ability to introduce the employee who will work in a multi-face.

The defendant, in collusion with B and the above person in bad name, deceiving the victim as such and received a total of 8 million won in advance payment from B and the person in bad name on the same day and 2 million won in the name of the defendant's introduction expenses.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. A suspect interrogation protocol concerning B by the prosecution;

1. The police statement concerning G;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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