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(영문) 창원지방법원 밀양지원 2015.11.19 2014고정176
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On November 20, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Jinwon District Court's Jinwon branch on November 20, 2013, and the said judgment became final and conclusive on November 28, 2013.

[2014 High Court Decision 2015Da176] The Defendant conspired with B, on June 13, 2012, stated that “E operated by the victim D in Chungcheongnam-nam-U.D.” in collusion with B, “W will be an employee in E along with the principal payment.”

However, even if the defendant and B received the advance payment from the victim, they did not have the intention or ability to work as an employee in the above multilateral bank, and there was no particular property or income at the time, and there was no intention or ability to repay the above amount.

The Defendant received 6.5 million won (the Defendant’s share: 3.5 million won) in total from the victim’s place to the prior bank account in B’s name.

Accordingly, the defendant, in collusion with the victim B, by deceiving the victim.

[2014 high-level 177] Even if the Defendant was to receive a prepaid payment from the victim F, even though the Defendant did not have a clear intent or ability to work in the “GGca” operated by the victim, the Defendant acquired the prepaid payment under the name of KRW 4 million by means of the account in the name of K designated by the Defendant on November 20, 2012 from the victim on November 19, 2012, “Ica is an infant who works in the Gca in the Gca in the Gca operated by the Sca. Hayang-si, and Haca will work in the Gca operated by the Party from March 3 to November 20, 2012.” The Defendant acquired the prepaid payment under the name of KRW 5 million in total from the same account on November 21, 2012.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement made to D or F;

1. Each report on investigation;

1. Each complaint;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Article 347(1) and Article 30 of the Criminal Act (the point of fraud, No. 2014 fixed-term 176), Article 347 of the Criminal Act concerning criminal facts, the choice of punishment.

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