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(영문) 청주지방법원 2014.08.07 2014고정533
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On February 29, 2008, the Defendant did not have the intention or ability to work as an employee at the main office, and on February 14:30, 2008, the Defendant made a false statement that “E” calls to the victim D (e.g., that it is apparent that the “E” is a clerical error) to pay the prepaid payment received at another business establishment, and “on the day following the day on which the principal office is the day of the payment.”

The Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the Defendant’s bank account.

2. The Defendant, in collusion with friendly job offering F, G, H, and I, conspired with friendly F, H, and I, conspired with the main owner of the shop with the intent to acquire the prepaid money as if he would be an employee.

On July 2, 2009, the Defendant made a false statement to F, G, H, I, and K “K” restaurant located in the J of Y of 16:0 on July 2, 2009, that “The Defendant would make the victim M, who is in charge of L’s business, work as an employee from the main point of the victim.”

However, even if the defendant and F, etc. receive advance payment from the victim, there was no idea to work at the above main point.

The defendant, F, etc. received 5 million won in cash from the victim under the name of advance payment, i.e., e., 5 million won in cash, and received 4 million won in the N account at around 17:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of D or M;

1. Application of Acts and subordinate statutes to a certificate of borrowing money and a certificate of cash custody;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment (the fraud of paragraph (1) at the time of sale, the selection of fines), Articles 347 (1) and 30 (the fraud of paragraph (2) at the time of sale, and the selection of fines) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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