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(영문) 춘천지방법원 2013.04.11 2013고단77
사기
Text

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

Reasons

Punishment of the crime

The Defendant, on April 27, 2012, was indicted for a crime of fraud, etc. at the Youngcheon District Court’s Young-gu branch, and appealed on November 30, 2012, after having been sentenced to two years of imprisonment, and was sentenced to one year of imprisonment at the Chuncheon District Court on February 6, 2013, and the judgment became final and conclusive upon withdrawal of the appeal on March 21, 2013.

On October 17, 2012, the Defendant and C made a false statement to the effect that, “The Defendant and C, around 17:00 on December 12, 2012, lent money to the president of the Yangyang-gu, Yangwon-gun, the victim E, “The victim E,” and that, on the face of the principal, the prepaid money would be resolved, and the victim would work as the principal in the F entertainment tavern operated by the victim.”

However, in fact, the defendant was thought to receive advance payment from the victim to consume it for the cost of living, and the victim did not have the intent or ability to work as an employee in the entertainment tavern of the victim.

In collusion with C, the Defendant, by deceiving the victim as above, received a total of KRW 9.5 million from the victim to the account under the name of the Defendant, including KRW 4 million and KRW 5.5 million to the account under the name of C, under the pretext of advance payment, and acquired it by fraud.

On September 11, 2012, the Defendant and C made a false statement to the effect that “The Defendant will work as an employee in the entertainment tavern operated by the victim, if he/she paid in advance to the Defendant, and five million won to C, from the entertainment tavern operated by the victim,” at the instant department store located in 423-1, Seo-gu, Daejeon, Daejeon, Seo-gu, Daejeon.

However, in fact, the Defendant was thought at the time to receive advance payments from the victim to consume them for the cost of living, and was unable to work for a long time, so even if receiving advance payments from the victim, the Defendant did not have the intent or ability to work as an employee in the entertainment tavern operated by the victim.

In collusion with C, the Defendant deceivings the victim as above, and thereby, the Defendant’s 14:00 on the 12th day of the same month from the victim, and the 1st day of the operation of the victim H at Seosan-si.

Cash for the purpose of advance payment at the main office.

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