Text
Defendant shall be punished by a fine of 3.5 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On March 21, 2012, the Defendant made a false statement to the victim “on the face of the State, he will work in advance as an employee from E” to the victim at the main point of E operated by the victim D in the Chungcheongnam-nam budget-gun, Chungcheongnam-do, 2012.
However, even if the defendant and B receive the advance payment from the victim, they did not have the intention or ability to work as an employee at the above main point.
The Defendant and B received from the victim on March 23, 2012, the Defendant and B received KRW 7 million from the victim on the pretext of advance payment, and KRW 8 million in the case of B, respectively.
Accordingly, the defendant was given property by deceiving the victim in collusion with B.
around 10:00 on March 20, 2012, the Defendant made a false statement to the victim “Around 2013, 2013, 1351, the Defendant, “Around 10:00, the Victim G, which was operated by the Victim G, with the victim G, with the payment in the previous tea, will work as the principal employee.”
However, even if the victim receives the advance payment from the victim, there was no intention or ability to work as an employee at the above main point.
The defendant and B received 7,467,000 won, respectively, from the victim to the post office account in the name of each person on the same day as advance payment.
Accordingly, the defendant was given property by deceiving the victim in collusion with B.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol concerning B;
1. Each police officer's statement about D and G;
1. An authentic copy of each notarial deed;
1. Application of Acts and subordinate statutes on notarial deeds;
1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;
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;