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(영문) 대구지방법원 2013.04.10 2012고정850
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Seoul Southern District Court on January 2, 2012, and the said judgment became final and conclusive on January 20, 2012.

Even if the Defendant received a prepaid payment from the Victim J(40 years of age), he/she did not have the intention or ability to work as an employee in the multilateral bank operated by the victim.

Nevertheless, on November 15, 2009, the Defendant was transferred to the post office account of M on November 23, 2009, 4 million won under the name of advance payment, as the Defendant was transferred to the post office account of M on November 23, 2009.

around 19:30 on September 18, 201, the Defendant made a false statement to the victim P(the age of 47) at an apartment house near the entertainment tavern apartment located in the Haak-gun N in the Jeonnam-gun, "O", “I will work as an employee from the main store, so I change the amount of advance payment.”

However, there was no intention to work as an employee of the entertainment drinking house.

The Defendant, by deceiving the victim as such, received 4 million won as a prepaid payment from the victim’s position.

Summary of Evidence

"2012 Highly 850"

1. Police suspect interrogation protocol of the accused;

1. Statement to J police officers;

1. "Financial statements, etc. of transactions";

1. Police suspect interrogation protocol of the accused;

1. Statement of the police about P;

1. Details of transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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