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(영문) 의정부지방법원 2013.06.05 2012고단2158
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 22, 2011, the Defendant stated that “D” in a coffee shop located in Nowon-gu in Seoul Special Metropolitan City, which operates a entertainment drinking club located in Gyeonggi-do, should be repaid in advance to the previous entertainment drinking club business owner, and that “D will work as an employee in the entertainment drinking club business as a pre-paid gold.”

However, there is no intention or ability to work even if the victim receives a prepaid payment from the victim.

On December 23, 2011, the Defendant, by deceiving the victim as above, received 4,000,000 won from the bank account (Account Number G) in the name of the Defendant F under the name of the Defendant’s mother on the pretext of advance payment around 16:00 on December 23, 201 from the victim and acquired it by deception.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. Statement of the police statement of E;

1. Application of the detailed statement of savings deposit details and the Acts and subordinate statutes on deposits without passbook;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

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