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(영문) 광주지방법원 2017.12.07 2017고단3792
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

On August 31, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor at the Gwangju District Court for fraud, etc., and the judgment became final and conclusive on October 27, 2017.

[2017 Highest 3792]

1. On November 18, 2016, the Defendant reported an advertisement to seek an employee from the E amusement shop operated by the victim D at an unspecified place around 09:00 on November 18, 2016, and called, “If the Defendant sent KRW 2 million to the corporate bank account with the rent and expenses, then the Defendant would get off the following week.”

However, even if the defendant receives the money in advance, he did not have the intention or ability to work as an employee of the E amusement shop operated by the victim.

At around 12:00 on the same day, the Defendant acquired 2 million won from the damaged person to the corporate bank account under the name of the Defendant.

[2017 Highest 4664]

2. On June 2016, the Defendant called the victim C and H to seek “a female employees,” who sought multiple employees through a rice market and other information sources, etc., while operating a variety of rooms from the former North Korea’s Jinan-gunF in the middle of 2016, with the trade name of G.

It is intended to introduce female employees to pay expenses, etc. to the National Assembly.

Although husband and son bring a lawsuit with child support, they will be repaid if they lend the lawsuit cost.

The target so-called hospital shall be added to the hospital.

The purport was that the hospital fee shall be repaid at all times.

However, the defendant did not think of introducing female employees to the victims, and there was no child to file a lawsuit for child support, etc., and the defendant did not have any fact to the hospital, nor did he/she have any intent or ability to complete payment even if he/she borrowed money from the victims because there was no particular property at the time.

As such, the Defendant, by deceiving the victims, received KRW 12 million from June 23, 2016 to August 17, 2016 from the victim C to transfer from June 23, 2016 to the agricultural bank account under the name of the Defendant, and on June 24, 2016 from the victim H.

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