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(영문) 인천지방법원 2013.11.13 2013고단5495
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 40,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[criminal power] On January 23, 2013, the Defendant was sentenced to three years of suspension of the execution of imprisonment for a crime of fraud at the Incheon District Court, and the said judgment became final and conclusive on June 15, 2013.

In addition, the defendant was sentenced to two years of imprisonment for fraud in the same court on August 19, 2013, and is still pending in the appellate trial.

[2013 Godan5495] On August 201, the Defendant made a false statement to the effect that “The Defendant would be allowed to be employed by a person who is well aware of it in M” at the first floor coffee shop of the Bupyeong-gu Incheon Bupyeong-gu L building, Bupyeong-gu, Incheon. The entertainment expenses, etc. need to be changed to KRW 40 million.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to get the victim to work M.

Nevertheless, on August 18, 201, the Defendant, by deceiving the victim, received a remittance of KRW 40 million from the victim under the pretext of employment arrangement expenses.

[2013 Highest 5547] On February 28, 2013, the Defendant made a false statement to the effect that “AH is employed by the victim AH through the senior vice president who is a senior senior ship. However, AJ vice president is changed to 30 million won.”

However, even if the defendant receives money from the victim, the defendant did not have the intent or ability to work the AI to AJ.

On March 5, 2013, the Defendant received KRW 10 million from the victim to the community credit cooperatives account (AK) account under the name of the Defendant on or around the 6th of the same month, and received KRW 3 million from the same account on or around the 8th of the same month, and received KRW 12 million from the same account on or around the 27th of the same month, and received KRW 3 million from the same account on or around the 28th of the same month, and received KRW 5 million from the same account on or around the 28th of the same month, and received KRW 30 million from the same account on or around April 2, 2013, and received KRW 1.5 million on or around the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2013 Highest 5495]

1. Defendant's legal statement;

1. AF.

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