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(영문) 부산지방법원 2014.11.13 2014고정2262
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around December 21, 2012, the Defendant: (a) around the Kim G-type located in the Jeonnam-gun, Kim Jong-gun; and (b) even though the Defendant did not have the intent or ability to work even after receiving the advance payment from the victim C, the Defendant concluded a labor contract by receiving KRW 1.6 million per month from the victim and preparing a labor contract to work in the Kim G-type for three months; and (c) the Defendant made a false statement to the victim that “I will complete the payment of KRW 1 million of the hospital expenses by changing the amount of the advance payment to the advance payment to the hospital in the Ampha, thereby making the payment to the victim; and (d) the Defendant acquired the money by receiving KRW 400,000 from the victim and by receiving the payment of the cost of equipment, such as the bank, etc.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The investigation report (as regards the cost of purchasing bags and fixtures):

1. Application of Acts and subordinate statutes to written complaints, receipts, payment certificates without passbook, and employment contracts;

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

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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