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(영문) 울산지방법원 2016.11.24 2016고단1067

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 2014, the Defendant stated that “The Defendant sent KRW 30 million first to the Victim E, who is employed in F, to have the son start employment. It is necessary to pay KRW 25 million and KRW 30 million, and the Defendant sent KRW 5 million first.”

However, the defendant was thought to use money from the victim for personal purposes such as the drinking value.

Around November 21, 2014, the Defendant, by deceiving the victim as above, received five million won from the victim to the post office account under the name of the Defendant as school expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Summary of the facts charged

A. On February 26, 2013, the Defendant, at the office of “I administrative agent,” located in Ulsan-gu, Ulsan-gu H, Ulsan-gu, stating that “The Defendant, while operating the J, will take the same operation from F to a registered entity, who is ordered to take construction works.” The Defendant may raise the profits of KRW 30 million from KRW 20 million each month to KRW 30 million to KRW 30 million to the partner’s money.”

However, in fact, since around 2012, the Defendant was unable to engage in activities due to the aggravation of health due to cronology, urology, urology, and tragical trag, so there was no ability to receive construction work. It was thought that the Defendant received money from the victim and received money from the victim and used it individually

Around March 8, 2013, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim’s account in the name of a corporate bank in the name of the Defendant, from the victim.

B. On May 28, 2013, the Defendant against the victim D was aware of the victim’s “F president and employees” to the victim D at a mutually influent restaurant located in Ulsan-gu, Ulsan-gu. Busan-do.

F To be a subcontractor with the work of the F.