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(영문) 광주지방법원 2013.11.28 2013고단3617
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to five months imprisonment at the Gwangju District Court on October 16, 2013 due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and the said judgment became final and conclusive on October 24, 2013.

【Criminal Facts】

The Defendant, while having no occupation and property, has reached 5 million won due to bonds, and as the city gas fee of KRW 900,000 and monthly tax of KRW 2.4 million has been overdue, the Defendant, as if he were to work as an employee, made a false statement to the multiple operators, and obtained money as a prepaid payment from them.

On December 22, 2012, the Defendant made a false statement to the victim that “The Defendant will work as a multilateral employee from the day after the day when the 8.5 million won of the advance payment was the day after the day when the 1st day after the 1st day after December 22, 2012.”

However, in fact, the defendant did not intend to work as an employee of the above multiple parties.

The Defendant, on December 24, 2012, caused the victim to remit KRW 9 million to the account in the name of F, a broker, around December 24, 2012. On the same day, the Defendant received 8.5 million won from F to the national bank account in the name of the Defendant.

Then, around January 7, 2013, the Defendant made a false statement to the victim D that “I will work as a multi-party employee together with the pre-paid payment that was received before and after the end of the day. There was an urgent day in the house. I first conclude that I would work as a multi-party employee, as well as the pre-paid payment that was received before the lapse of 2 million won.”

However, the facts are that the defendant did not intend to work as an employee of the above multiple parties.

The Defendant received 2 million won in advance from the victim to the national bank account (G) in the name of the Defendant on the same day.

Accordingly, the defendant acquired 10,500,000 won from the victim through a total of two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. To describe a copy of cash storage certificate and a copy of a bankbook respectively;

1. Court rulings (Jinju District Court 2013No1666),

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