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(영문) 울산지방법원 2014.05.16 2014고정401

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 27, 2011, the Defendant: (a) knew on the D restaurant located in Ulsan-gu, Ulsan-gu, Seoul-gu, that the victim E organized a number of members 16 to receive the guidance money in order; (b) provided that the victim would faithfully pay the guidance money if he/she joined the number fraternity; and (c) joined the said fraternity and received the guidance money as shown in the attached Table I.

However, the defendant did not have any intention or ability to pay the remaining fraternity money normally even if he receives the fraternity money.

On May 27, 2012, the Defendant received the entire amount of the fraternity, and paid the remainder KRW 3.3.6 million on the same day, and the Defendant acquired property benefits equivalent to that amount by paying it on behalf of the victim on the same day.

2. On July 15, 201, the Defendant, within the G located in Ulsan-gu, Ulsan-gu, as described in paragraph (1), by deceiving the victim as members of the two, eight, and ten, as described in paragraph (1), received the fraternity from the victim, as well as by paying the balance from May 15, 201 to October 15, 201, as described in Appendix II, on the same day, the Defendant acquired financial benefits equivalent to that amount by paying the balance on the same day by paying it on behalf of the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Inquiries about the details of deposits and transactions;

1. Application of Korean Acts and subordinate statutes to inquire about the details of transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the fact of paragraph (2) at the time of sale shall be comprehensively referred to, and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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