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(영문) 대구지방법원 상주지원 2013.12.30 2013고정138
사기
Text

A fine of 500,000 won shall be imposed on the defendant for the crimes specified in paragraph (1) of this Article and the crimes specified in paragraph (2).

Reasons

Punishment of the crime

On May 11, 2012, the Defendant was sentenced to one year to a suspended sentence of four-month imprisonment for fraud in the Seo-gu District Court Branch Branch of the Daegu District Court on May 19, 2012, and the judgment became final and conclusive on May 19, 2012. On November 8, 2012, the Daegu District Court sentenced one year to a suspended sentence of two-month imprisonment for fraud, which became final and conclusive on November 16, 2012.

"2013, 138"

1. On July 24, 2012, the Defendant stated that “The Defendant would work as an employee from the Dagcheon-si, Jeju-do, as a pre-paid payment, from the Dagcheon-gun, the victim operated by the victim C in the Dagcheon-gun, Chungcheongnam-do.”

However, even if the defendant receives a prepaid payment, he/she did not have an intention or ability to work as an employee or return the prepaid payment.

As above, the Defendant, by deceiving the victim, received 2,50,000 won from the victim to the account under the name of his/her father E on the same day.

"2013, 157"

2. On January 12, 2012, the Defendant made a false statement to the effect that “the Defendant would work the advance payment to the victim as the prime employee in the HY room operated by the victim G in the Sung-gun F of Seongbuk-gun, G” to the effect that “the Defendant would work the advance payment to the employee.”

However, even if the defendant received the advance payment, he did not intend to work as an employee.

As above, the Defendant, by deceiving the victim, received 3 million won from the victim to the above E account on January 13, 2012, and by deceiving the victims on three occasions from around that time to February 10, 2012, and acquired 9.5 million won in total from the victims.

Summary of Evidence

"2013, 138"

1. Statement by the defendant in court;

1. The police statement of I "2013, 157";

1. Statement by the defendant in court;

1. Part of the second interrogation protocol of the Defendant’s second interrogation protocol against the Defendant

1. A copy of each police statement made to J and K;

1. Criminal records: Application of each copy of judgment; and

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the selection of punishment;

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