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(영문) 춘천지방법원 원주지원 2016.02.17 2015고정442
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 15, 2014, the Defendant was sentenced to a suspended sentence of one year in six months of imprisonment for fraud at the Gangnam Branch Branch of the Chuncheon District Court, and the judgment became final and conclusive on July 23, 2014.

On February 5, 2014, the Defendant and F, at the “C” entertainment entertainment station operated by the victim B located in Pyeongtaek-gun, Gyeonggi-gun, the Defendant and F, who had caused the damage to the victim from the “E” entertainment station operated by D, to be an employee, and the Defendant and F, who would be able to repay the damage to the victim, at the “C” entertainment station.

“.........”

However, even if the defendant received money from the injured party, he did not have the intention or ability to work as an employee at the amusement center operated by the injured party.

The Defendant, together with F, by deceiving the victim as above, received 7 million won each in his name from the damaged person under the pretext of advance payment.

Accordingly, the defendant, in collusion with F, obtained a total of 14 million won from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Previous conviction: A written inquiry about criminal history, case summary information, and application of the text of the judgment;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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