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(영문) 대구지방법원 서부지원 2013.03.21 2013고단125
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 17, 2012, the Defendant stated that “C” operated by the Defendant in the 2nd floor in Daegu Jung-gu, Daegu-gu, would introduce the victim D two ACs who will work in entertainment taverns for more than one month. As such, the Defendant stated that “AC would change the total amount of KRW 22 million including KRW 20 million under the name of IC deposit and introduction expenses.”

However, at the time of fact, the defendant was well aware that he was unable to work for more than one month at the victim's entertainment drinking house because he was in a bad working environment for the entertainment drinking house operated by the victim and that he was unable to work for more than one month on the part of the victim's body while he was able to introduce, and even if he was unable to do so, he did not have any intention or ability to introduce a baby to work for more than one month at the victim's entertainment drinking house.

The Defendant deceptioned the victim as above, and received KRW 22 million from the victim to the Agricultural Cooperative Account under his/her name.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. It shall be decided as ordered for the reason that Article 62 (1) of the Criminal Act (including the size of damage and the fact that there is no previous or previous criminal record of the suspension of execution or heavier punishment);

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