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(영문) 의정부지방법원 2013.04.22 2012고정2774
사기
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On January 27, 2011, the Defendant: (a) visited a restaurant of the name of the Government of the Government of the city operated by the victim in order to view the column for job offer advertisements posted in the Government rice Luxembourg; and (b) on February 7, 2011, the victim and February 7, 2010 appear to be a simple clerical error; (c) accordingly, the Defendant promised to start the kitchen from February 7, 201 to start the kitchen.

Even if the Defendant received a prepaid payment from the victim, the Defendant did not have the intent to work in the restaurant operated by the victim and did not have the intent or ability to complete the prepaid payment;

1. On January 27, 2011, in the above restaurant, the victim borrowed KRW 580,000 from the previous restaurant to the Defendant’s national bank account on January 27, 201, with a false statement to the effect that “the Defendant borrowed KRW 580,000 from the previous restaurant, but may be arranged.” The Defendant received KRW 600,000 from the Defendant’s national bank account;

2. On February 2, 2011, the victim made a phone call with the victim’s cell phone number and received the victim’s cell phone number to the effect that “the victim demands to transfer KRW 200,000,000 to the Defendant’s national bank account by making the statement that he/she would get off the victim’s cell phone,” and that “the Defendant received KRW 200,000 from each other.”

2. According to the records, the Defendant was sentenced to imprisonment with prison labor for one year and four months at the Suwon District Court on September 20, 2012; imprisonment with prison labor for three months on December 7, 2012; and the summary of habitual fraud among the criminal facts in the above final judgment is as follows: “The Defendant, who habitually received advance payment, etc. on 92 occasions from October 13, 2008 to June 21, 2012, by deceiving the victims who did not have any intent or ability to complete the payment, and received KRW 7,503,00 from the victims by deceiving them.”

According to the above facts, the facts charged of habitual fraud for which the above judgment became final and the facts charged of the fraud of this case committed prior to the pronouncement of the judgment are as follows. The facts charged of the crime, the other party to the crime, the means and method, and the contents thereof

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