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(영문) 부산지방법원 2014.08.07 2014고단3372
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant 33 million won against C who is an applicant for compensation, and 2.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on April 24, 2013 and completed the execution of the sentence at the Busan Detention House on October 24, 2013.

[2014 Highest 3372]

1. On December 24, 2013, at around 15:00 on December 24, 2013, the Defendant made a false statement to the victim’s mobile phone store operated by the victim D, located in Busan Dong-gu, that “B is working as the head of the new harbor trade union located in Gangseo-gu, Busan, and there is a job for the monthly salary of KRW 4 million to KRW 4,500,000,000,000 for assisting the work of loading and unloading containers. If the Defendant wishes to do so, the amount of KRW 35,00,000

However, the defendant did not have any intention or ability to go back to the upper line of the trade union even if he received money from the victim, not from the head of the new harbor trade union.

On December 31 of the same year, the Defendant, by deceiving the victim as above, received 35 million won from the victim to the head of the Tong in the name of the Defendant to the post office under the name of the Defendant, and acquired it by fraud.

[2014 Highest 5187]

2. Around 16:00 on December 15, 2013, the Defendant made a false statement to the victim C that “I will work in the new harbor trade union, but will work in the new harbor trade union, 5,000,000 won for the promotional zone.”

However, the defendant did not work in the new harbor trade union, and even if he received money from the victim, he did not have an intention or ability to find employment.

As above, the Defendant, by deceiving the victim as above, obtained 30 million won from the victim on December 19, 2013 as a job placement fee, and acquired 38 million won in total from the victim to the head of the post office passbook in the name of the Defendant on December 27, 2013 and 8 million won on December 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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