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(영문) 서울남부지방법원 2020.10.23 2020고정1431
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant introduced the victim C, who operates the "B" multi-faceted, to be an employee, and D received the victim's prepaid payment as if he/she intended to work in the above multi-faceted area, and then, he/she conspired to have the aforementioned prepaid payment divided after escaping from the multi-faceted area.

Accordingly, around June 23, 2010, the Defendant made a false statement that “E” in Yangcheon-gu Seoul Metropolitan Government “E,” and “B” phoneed the victim who operates the “B” multi-party, thereby introducing D to the victim. D, around 16:00 on June 24, 2010, at a notary public G office located in “F at the time of the Government-si, the victim changed the victim from the notary public G office of the Government-si to “one-month prepaid amount to five million won for one month.”

However, even if D received the aforementioned advance payment, the Defendant was aware that D had no intent or ability to work in the above multilateral bank, and D was able to receive the payment from the victim with the accumulated corporate bonds and to use the payment of bonds in full after having received the payment from the victim, and it did not have an intent or ability to work as an employee from the above multilateral bank.

Around June 25, 2010, the Defendant, in collusion with D, by deceiving the victim as above, and by deceiving 5 million won from the victim through H’s account of community credit cooperatives in the name of H (Account Number I).

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol regarding D;

1. Statement to C by the police;

1. Original of a notarial deed;

1. Application of the Act and subordinate statutes for investigation reporting (Attachment to D Telephone Recording CDs for Witnesses);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant is guilty of the assertion.

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