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(영문) 대구지방법원 2013.04.25 2012고단7700
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2012, the Defendant was sentenced to two months of imprisonment for fraud and two years of suspended execution, respectively, at the Daegu District Court on November 8, 2012, and the above judgment became final and conclusive on November 16, 2012.

The defendant of "2012 Highest 7700" did not have the intention or ability to work as a multilateral employee even if he/she receives money under the pretext of prepaid from a de facto multi-party business owner.

Nevertheless, on May 3, 2011, the Defendant concluded that “The Defendant would work as a multi-party employee if the Defendant would do so, as the Defendant would pay the insurance premium, telephone tax, house tax, etc., to the victim in Dda operated by the victim C in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeongnam-gun,” and received two million won in cash from the victim on the same job as the prepaid payment, and acquired the amount equivalent to that amount.

B. On July 9, 2012, at around 11:00 on July 9, 2012, the Defendant: (a) falsely stated that “The Defendant would work as an employee from the Fda bank from July 13, 2012 to the Fda bank from July 13, 2012, 200,” and (b) received KRW 1 million from the victim to the account under the name of H under the same day as the aforesaid advance payment.

around 16:00 on July 14, 2012, the Defendant made a false statement to the Defendant that “The Defendant would work as a multi-faceted employee on the face of a week 2.5 million won in advance,” at the Dack operated by the International Victim J of the Victim J of the Republic of Korea.”

However, the defendant did not receive money under the name of advance payment and there are many records of punishment, and even if he received money under the name of advance payment for the same reason, he did not have an intention to work as a multiple employee and did not have an intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received cash of KRW 2,50,000 from the victim in his/her place of residence as a prepaid payment.

Summary of Evidence

"2012 Highest 7700"

1. Defendant's legal statement;

1.With respect to G and C, respectively.

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