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(영문) 창원지방법원 거창지원 2013.08.21 2013고정68
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 12:00 on January 26, 2007, the Defendant stated that “the Defendant will work as an employee from the day inside the Jeju Island as a pre-paid deposit to the victim in D's management of the victim C, which is located in Jinju-si B, as a pre-paid deposit.”

However, even if the defendant received the advance payment, he did not have the intention or ability in the above multiples.

As above, the Defendant, by deceiving the victim as above, received 2 million won from the victim at an infinite place on the same day or less from the victim and fraudulently acquired it.

2. On January 27, 2007, the Defendant called “the Defendant called the victim C by phoneing to the victim C, who is not a transportation cost to get the victim to do work in a multi-faceted area, and thus, to remit KRW 300,000 to the remittance.”

However, the defendant did not have the intention or ability to work in the above multiples even after receiving the transportation cost, etc.

The Defendant, by deceiving the victim as above, received 300,000 won from the victim to the passbook in the name of E on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a fine;

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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