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(영문) 수원지방법원 2013.11.27 2013고단656
사기
Text

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

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

Reasons

Punishment of the crime

"2013 Highest 656"

1. On March 9, 2012, the Defendant, even if receiving a prepaid payment from the “Dda” operated by the victim C in Ulleung-gun B, Ulsan-do, said, despite having no intent or ability to work as a multilateral employee, the Defendant fraudulently told the victim that “I will work as a primary employee,” and acquired KRW 7.5 million from the victim to the bank account in the name of the Defendant on the same day.

2. On May 23, 2012, the Defendant, even if receiving the advance payment from the “GGC” operated by the Victim F in Ulsan-gun, Ulsan-do, the Defendant, despite having no intent or ability to work as a multi-user, concluded that the victim “ would work as a multi-party employee,” and then, the Defendant acquired 4 million won from the victim to the bank account in the name of the Defendant under the name of the victim as a pre-paid payment on the same day.

On April 28, 2011, the Defendant made a false statement to the victim “JDaa” operated by the victim I of the Cheongong-gun H, Cheong-gun, stating that “The victim would have worked as an employee from the day to day.”

However, even if the defendant receives money from the victim as a prepaid, he/she did not intend to work as an employee in the above multilateral bank.

As above, the Defendant, by deceiving the victim as above, obtained 3.5 million won on the same day from the victim and acquired it by fraud.

Summary of Evidence

"2013 Highest 656"

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement of K, accusation "2013 Highest 658";

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to police statements, accusations, copies of cash custody certificates to I;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. The Criminal Act for the detention of a workhouse;

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