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(영문) 대구지방법원 포항지원 2015.04.29 2014고정460
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 January 26, 2013, the criminal defendant against the victim C made a false statement to the victim in Eda operated by the victim C in Young-gun, Young-gu, Kim Young-gun on a time-based basis, stating that “The victim will work at the victim’s multiples of the victim, who would work as an employee.”

However, even if the defendant receives the advance payment, the defendant did not have the intention or ability to work as an employee from the victim's multiples.

The Defendant received 500,000 won in cash from the victim, i.e., at the victim’s seat, and received 4 million won in cash from the victim to his account of his community credit cooperatives (F) on the 28th day of the same month, and acquired pecuniary benefits equivalent to the same amount.

2. On May 30, 2013, at the I office operated by the victim G in Daegu-gu, Daegu-gu, the Defendant made a false statement to the victim that “The victim would work as an employee after receiving a salary of KRW 2.5 million from June 3, 2013 to June 2.5, 2013.”

However, even if the defendant receives advance payment from the complainant, he did not have the intention or ability to work as an employee.

The Defendant acquired 200,000 won in cash from the victim, namely, at the victim’s seat, and acquired 5,000 won in cash from the victim’s account of community credit cooperatives (F) in the name of the Defendant on the same day, and acquired 7,20,000 won in cash from the said account on June 4, 2013.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The police suspect interrogation protocol of December 27, 2013 against the defendant

1. Statement to C by the police;

1. A copy of the police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of the details of remittance, a cash storage certificate, a copy of the account of passbook, and a written confirmation;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act among concurrent crimes.

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