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(영문) 울산지방법원 2017.10.27 2016고단4534

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 16, 201, the injured party C calls the injured party C from the Buddhist land on September 16, 201, and attempts to take measures against the injured party as “one of modern middle industry employees requires urgent money.”

The securities can be disposed of after one year, and they would make a false statement that they would make a joint investment in and purchase money."

However, even if the defendant received money from the injured party, he did not have the intention or ability to use it for the purchase of modern middle industry securities, and did not have the intention or ability to repay it.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 10,200,000 on the same day from the victim to the Agricultural Cooperative Account under the name of the Defendant, and KRW 15,007,000 on September 19, 201, including KRW 4,807,00 on the same day.

2. The case concerning victim D:

A. The Defendant, at the F Coina located in Ulsan-gu, Ulsan-gu, Seoul-gu, on June 4, 2012, can punish the victims D with the money that would be much as possible when listing.

If the par value of shares is 500 won per 500 won, 50,000 won will be invested and listed, the profit will be 10 times or more if it is listed.

The phrase “ makes a false statement.”

However, even if the defendant received money from the injured party, he did not intend to use it for the fund related to the purchase of G’s stocks, and did not have the intention or ability to return it to the injured party.

Accordingly, the Defendant deceivings the victim as above, and received 50,000,000 won from the victim’s account under the name of the Defendant on the same day.

B. In the course of occupational embezzlement and the victim jointly operated “H (location: Ulsan-gu I)” for retailing information and communications devices, etc., the victim was engaged in the business of paying operating funds of the above H, the Defendant and the victim engaged in the business of managing employees and customers of the above H, and fund management.

The Defendant is at the place of influence not exceeding Ulsan on January 30, 2015.