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(영문) 울산지방법원 2018.11.16 2018고단1734

사기

Text

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

Reasons

Criminal facts

On October 30, 2015, the Defendant, at the office of “D”, the Defendant’s branch of the Defendant in Ulsan-gu, Ulsan-gu, U.S., U.S., to create a team to supply human resources to the ship yard E.

If so, it made a false statement to the effect that it would be possible to make a lot of profits, and thus, it would be possible to pay B the necessary money.

However, in fact, the defendant had already experienced difficulties in supplying human resources due to the business depression during the above period, there was no team for the planned volume of the contract at the time, and the card price was not paid properly. The other personal debt was equivalent to KRW 15 million, and thus, even if he received money from the injured party, he was thought to be used in paying the personal debt, card price and office expenses, and there was no intention or ability to make the victim create and operate the quantity team.

Nevertheless, the Defendant: (a) had the victim deceiving, and had the victim receive a total of KRW 20 million from the victim’s self-determination of KRW 10 million; (b) from the time on January 22, 2016, the Defendant, as described in the list of crimes in the attached Table, by deceiving the victims on five occasions, and received a total of KRW 68,50,000,000 from January 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a detailed statement of account transactions forwarded to the victim);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (including each injured party) and the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes / [type determination] The reason for sentencing under Article 50 / [decision in the sphere of recommendation] / [decision in the sphere of recommendation] basic area / [the scope of recommendation] six months to one year and six months [the scope of recommendation] - No history that there is no criminal punishment for mitigation elements / (whether suspended execution is suspended or not / Major reasons for suspension of execution : Unfavorable agreements - Major reasons for suspension of execution: positive criminal punishment.