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(영문) 수원지방법원 여주지원 2014.07.11 2013고단966
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant stated that he will work in good faith for multi-party owners, and did not perform the following work after receiving a prepaid payment, and he was born with B and C as the escapeer.

On August 10, 2006, the Defendant, along with B, made a false statement with B, stating that “The Defendant would make the said victim open as an employee on the front day of the advance payment,” and C, at the G coffee shop located in Yeongdeungpo-gu Seoul on the same day, made the said victim a false statement that “The Defendant would make the said victim open the advance payment to an employee on the front day of the advance payment.”

However, in fact, the defendant did not know that he was paid in advance by the victim and did not work at all, so the defendant did not have the intention or ability to work as an employee in the above multilateral bank operated by the victim.

The Defendant received KRW 3 million from the victim to the agricultural bank account in the name of the Defendant for the same day in advance, KRW 3 million from the agricultural bank account in the name of the Defendant, KRW 3 million from the agricultural bank account in the name of Dong Jae, and KRW 2.5 million from the agricultural bank account in the name of Dong Jae, and KRW 2.5 million from the total amount.

The defendant received property from the victim in collusion with B and C.

Summary of Evidence

1. Each police suspect interrogation protocol concerning B and C;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning each employment contract, statement of account transfer, cash carnet, and cash custody certificate;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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