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(영문) 인천지방법원 2015.04.16 2014고단5697
사기
Text

A fine of 3,00,000 won shall be imposed for the crimes of Nos. 2, 4, and 7 in the judgment of the defendant against the crimes of Nos. 1 and 3 in the imprisonment of 4 months.

Reasons

Punishment of the crime

On January 10, 2014, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for four months at the Incheon District Court for fraud, and the judgment was finalized on January 18, 2014, and on December 18, 2014, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the same crime in the same court on December 27, 2014, and the judgment was finalized on December 27, 2014.

The Defendant, “2014 Highest 5697, 2017,” was in an economically difficult location to the extent that there is no living cost, and the Defendant was willing to acquire it by means of demanding a prepaid payment, pretending that he would work as an employee by finding the main shop operators who mainly engaged in job offering advertisements.

1. On June 23, 2011, the criminal defendant against the victim C made a false statement to the victim C, who is an entertainment drinking house proprietor, with the victim’s residence located in Gangseo-gu Seoul Metropolitan Government D and 201, that “I will work as an employee at the business establishment from the day following the day when he/she is placed in advance payment.”

However, even if the defendant received the advance payment from the victim, he did not intend to work at the main point of the victim's operation.

As such, the defendant deceivings the victim, which is, i.e., 1.5 million won from the victim, and acquired it by fraud.

2. The Defendant against the victim E, at around June 5, 2014, received KRW 100,00 from the victim’s account under the name of the Defendant (H) and received KRW 100,000 from the victim to the account of community credit cooperatives (H) in the name of the Defendant on June 9, 2014, and received KRW 300,000 in cash from the victim immediately after making a false statement. On June 9, 2014, the Defendant got phone from the victim around June 7, 2014, and received KRW 10,000 from the victim to the account of community credit cooperatives (H) in the name of the Defendant, and paid KRW 60,000 in cash to the victim by June 9, 2014.

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