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(영문) 울산지방법원 2016.06.23 2016고단936

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants: (a) the Defendants were fluorous with Defendant A, at the beginning of February 2011, at a Buddhist area below Seoul; and (b) the victim D was fluorous with Defendant A.

Through E, the defendant A conspireds to acquire money under the name of job placement expense for the elderly by requesting the employment of his modern middle industry, and then I would like to find the young children of the party in the modern middle industry through B, because the defendant A has a good knowledge of the modern middle industry executive officers who have relationship B.

It is necessary to pay KRW 50 million at its original cost, but it is difficult to meet such requirements.

I would like to find out about KRW 35 million.

“Falsely speaking,” and that member received KRW 10 million from the injured party to the Korean City Bank account (G) in the name of F around February 28, 201, KRW 10 million to the same account around March 2, 201, and KRW 15 million to the new bank account (H) in the name of this Phee around March 4, 201, respectively.

However, even if the Defendants received the aforementioned employment arrangement from the injured party, they did not have the intent or ability to employ the injured party’s children as a modern middle industry suspension worker, and were engaged in a separate business, but they thought to use the said money as a business fund because the financial situation is not good.

Ultimately, the Defendants conspired to commit the crime of 35 million won in total by deceiving the victim D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or E;

1. Each investigation report and internal investigation report;

1. Application of Acts and subordinate statutes on resident registration, such as photographs of receipts, certificates of results of electronic financial transfer, certificates of deposit without passbook, certificates of transaction details, receipts, payment notes, and certified copies of resident registration;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of Article 62(1) of the Criminal Act in the case where the mitigation area (one month to one year) [the person who has been specially mitigated] in the mitigated area (one month to one year] [the case where the punishment is not imposed or considerable damage is recovered [the case where the defendants made a decision of sentencing] in the name of arranging the employment of large enterprises, and the amount of money was committed by the defendants.