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(영문) 제주지방법원 2016.05.18 2016고단31
사기
Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, on July 17, 2014, was sentenced to a suspended sentence of 6 months of imprisonment with prison labor and 2 million won of a fine at the Jeju District Court on July 17, 2014, and was sentenced to a suspended sentence of 2 million won on the 25th of the same month. The said judgment became final and conclusive, and is currently under a suspended sentence.

[Criminal facts] On July 3, 2015, when the Defendant received the Defendant’s advance payment from the victim E (n, 53 years old) house located in Jeju Island around 16:00, the Defendant would work as an employee from the “F” dan operated by the victim as an employee.

A false statement was made.

However, even if the defendant received a advance payment, he did not intend to work as an employee.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the damaged party for the first time, as well as from around that time to August 25, 2015, by deceiving the victims in a total of six times, as shown in attached Table 1, and by receiving or delivering a total of KRW 16 million from around that time to around August 25, 2015.

On July 17, 2014, the Defendant had been sentenced to imprisonment with prison labor for six months at the Jeju District Court on July 17, 2014, and a fine of two million won on July 25, 201, which became final and conclusive in the period of suspension of execution.

Criminal facts

1. On October 30, 2015, the Defendant committed the crime against the Victim G with the victim at the victim G, which was operated by the victim G, at the victim G, on October 30, 2015, would have to pay back the victim with the Defendant’s work faithfully at the victim’s I Ga Ga Ga.

“.....”

However, even if the defendant received the advance payment from the injured party, he did not have any intention or ability to work as an employee or repay the advance payment.

Accordingly, the Defendant, as seen above, was accused of the victim, and received 3.5 million won from the victim under the pretext of advance payment.

2. On November 4, 2015, the Defendant committed a crime against the Victim J, even if he/she receives the advance payment from the injured party at the home of the Victim J located in K on November 4, 2015.

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