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(영문) 광주지방법원 순천지원 2015.05.12 2014고단1682
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 17, 2012, the Defendant drafted an employment contract stating that “A” in the name of “C” located in Songpa-gu Seoul Metropolitan Government on January 17, 2012, the Defendant sent 20 million won a total of 330 million won a day to the victim D, who is the president of studal harassment, by dividing the total of 330 million won a day into 5 persons, and by attending studal harassment and managing the entertainment loan.”

However, even if the defendant receives money from the victim, he did not want to pay the defendant's existing debt or use it for the cost of living, but he did not have an intention or ability to offer a contact loan to the victim.

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the NongHyup Bank account in the name of the Defendant under the name of the victim in advance on the same day.

Since then, the Defendant called on February 1, 2012 to the victim and called “Iskh is unable to ask for weathers due to lack of money. 5 million won is sent first.” However, even if the Defendant received money from the victim, it was thought that I would use it as living expenses, etc., and there was no intention or ability to work in the studs or to introduce a contact loan to the victim.

The Defendant, by deceiving the victim as such, received KRW 5 million from the said Nonghyup Bank account on February 3, 2012 under the pretext of advance payment from the victim.

Accordingly, the defendant was given a total of KRW 25 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on details of transactions in accounts such as a complaint, employment contract, duplicate copy, and E;

1. Relevant statutory provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [the scope of recommending punishment] general fraud and no basic area (6 to 100 million won) (6 to 1 year and 6 months) (decision of sentencing sentence] (decision of sentencing sentence which is favorable to 6 months: length of imprisonment.

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