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(영문) 부산지방법원 2013.04.10 2013고단290
사기
Text

1. The Defendants shall be punished by imprisonment with prison labor for eight months.

2. However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to acquire the prepaid money from the victim by means of flight without receiving the prepaid money in return for work at the “E entertainment drinking club” operated by the victim D, which is operated by the victim D in the Geum-gu Busan Metropolitan City, because there is no need for living expenses in the absence of a certain occupation.

At around 00:00 on June 8, 201, the Defendants made false statements to the victim that “The Defendants are working for an entertainment tavern in writing, and have to perform a sex-type operation, so they have no money, so they would pay money by making a settlement of KRW 20,000,000,000 in advance.”

However, even if the Defendants received the advance payment from the victim, they did not have the intent or ability to work as an employee in the victim's entertainment tavern.

In collusion, the Defendants: (a) by deceiving the victim as above; and (b) by deceiving the victim to the Busan Bank account in the name of the Defendant A for the same day on the same day as the prepaid payment, the Defendants respectively received 20 million won from the Busan Bank account in the name of Defendant B’s mother F; and (c) acquired 40 million won in total from the Busan Bank account in the name of Defendant B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police about D;

1. Application of Acts and subordinate statutes on notarial deeds;

1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Imprisonment with prison labor for choice of punishment;

1. It shall be decided as ordered by the court on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the suspension of execution is against the law, that the victim does not want the punishment, and that the victim seems to have been living due to difficulties in living);

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