(영문) 전주지방법원 군산지원 2017.04.26 2016고정496

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(영문) 전주지방법원 군산지원 2017.04.26 2016고정496

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant and B conspired to use money and valuables in dividing them into cost of living, on the pretext of activity expenses necessary for employment, with the awareness that they want to have the victim C be employed by large enterprises.

Defendant

A around October 5, 2012, at the headhouse operated by the injured party in the Donsan-si, Donsan-si, Donsan-do, A, “A may allow the injured party to be employed for E by the injured party of the E-related party in the light of B, and upon the decision of employment, 2-3 million won to be used for the supply of meals for the first time in the supply of meals, etc., and return money if not employed will be returned.

A false statement was made as “,” and around that time, B made a false statement to the effect that he would be employed by the victim through Defendant A in the main course of performing his duties.

However, in fact, the Defendant and B did not know well of the party E, and did not have been given a definite answer from the party E to be employed by the victim. Since the Defendants intended to distribute the amount of money from the victim to use it for the cost of living, they did not have the intent or ability to have the victim employed the knife.

Nevertheless, the Defendant and B, as mentioned above, deceiving the victim and used the victim's account of F designated by B on December 26 of the same month in half by receiving six million won from the victim and dividing it into half. On December 3 of the same year, the Defendant and B received two million won from the victim to the same account, and used two million won by B and 4 million won by dividing them.

Accordingly, the defendant and B conspired to receive the victim's property as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and B;

1. A written protocol concerning the examination of suspect by the prosecution against the defendant or B (including the part concerning the C statement);

1. Application of Acts and subordinate statutes to accusation forms and copies of deposits without passbooks;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

참조조문

-형법 제347조 제1항

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