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(영문) 대구지방법원 서부지원 2013.10.31 2013고단204
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 11:00 on March 8, 2012, the Defendant made a false statement to the victim E, who operates a entertainment tavern in the “Cac shop” located in Jeju-si B, stating that “The Defendant would work as an employee in the entertainment tavern, and thus, would have changed 4.5 million won in advance.”

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

As such, the Defendant deceivings the victim and received 4.5 million won from the victim, namely, in advance, from the victim.

around July 8, 2012, the Defendant made a false statement to the effect that “The Defendant would make a work from a bank to an employee,” “The Defendant would make a pre-paid payment from a bank to an employee.”

However, in fact, the defendant was thought to consume the prepaid payment from the victim as a living cost, so even if he received the prepaid payment from the victim, he did not have the intention or ability to actually work in the above multi-face.

The Defendant, by such means as deceiving the victim, received 3.2 million won from the victim to the post office account in the name of I on July 9, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, - a statement of transactions, and a certificate of borrowing;

1. G’s protocol of statement to the prosecution, - Application of a copy of cash custody certificate to the statute;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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