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(영문) 수원지방법원 평택지원 2014.01.23 2013고단1396
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2013 Highest 1396] The Defendant had failed to pay a large number of debts without any particular income, resulting in shortage of living expenses, etc., which led to the Defendant to receive prepaid payments by making a false statement as if he would work at a multilateral.

1. On June 1, 2010, the Defendant, together with C, made a false statement with C that “I will perform the work in singing machine from the day following the day on which I received the advance payment of KRW 5 million in advance, even though I had no intention or ability to do so on the “E” operated by the victim D on the roads front of the Agricultural Cooperatives, the Defendant was at the time of the Defendant’s release of the advance payment of KRW 5 million.”

Accordingly, the Defendant conspired with C to induce the victim, thereby receiving five million won advance payment from the victim.

2. On June 23, 2012, the Defendant made a false statement to the effect that, even if he/she received the advance payment from the victim H in G GCFFFF, the Defendant would engage in the work at JCFFFFF, the Defendant did not have the intent or ability to work in the “JCC” operated by the victim in GCCF I, Gangwon-gun, Gangwon-do.

Accordingly, the Defendant, around June 24, 2012, received five million won from the victim by deceiving the victim as above.

[2013 Highest 1454]

3. On January 18, 2013, the Defendant, despite having no intention or ability to work in the MDao room for L operation in the Chungcheongnam-gun, Chungcheongnam-dong, Chungcheongnam-do, the Defendant, by deceiving the victim N, who is the introduction business entity, “I will work as an employee from Mda to Mda, if he/she is the State,” and by receiving KRW 3 million from the above victim, i.e., remittance from the above victim., 3 million won.

[2013 Highest 1487]

4. On June 10, 2010, the Defendant, along with C, stated that “The Defendant would work as an employee if the Defendant would work as an employee in advance payment in the amount of KRW 3 million per head,” from the victim’s entertainment drinking club operating Qok-gunO located in Gangwon-gun, Gangwon-do.

However, at the time, the defendant and C did not have the intention or ability to work as an employee even if the victim paid the advanced payment.

Nevertheless, it is not appropriate.

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