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(영문) 부산지방법원 2014.01.08 2013고단503
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On March 14, 2012, the criminal defendant against the victim B made a false statement to the effect that the victim B would have a face-to-face employee in the “Dda” operated by the victim B in Ulleung-gun C, U.S., and the victim B would have a face-to-face employee even though he/she received the prepaid payment.

The Defendant, by deceiving the victim as such, received 7.8 million won from the victim to the Defendant’s post office account under the pretext of advance payment.

2. Fraud to victims E;

A. On May 14, 2012, the defrauded made a false statement that “Around May 14, 2012, the Defendant would work as an employee, if he/she had no intent or ability to work even if he/she received the advance payment,” in the “GC” operated by the Victim E in the Seoul Northern-gun F, Chungcheongnam-do, 2012.

The Defendant, by deceiving the victim as such, received 6 million won from the victim to the post office account of the Defendant under the pretext of advance payment.

B. On May 22, 2012, the Defendant committed a crime on May 22, 2012 set forth in Article 2-A.

At the same place as in the same paragraph, “I would like to pay money more than KRW 600,000,000,000,000,000,000,000.”

However, the defendant did not have the intention or ability to work even if he received the advance payment from the victim as above.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on May 22, 2012, and KRW 1 million around May 23, 2012 from the Defendant’s post office account, respectively.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Application of Acts and subordinate statutes, such as deposits without passbook;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

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

1. The amount obtained by the Defendant under Article 62(1) of the Criminal Act shall be paid in unfair employment practices;

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