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(영문) 울산지방법원 2019.01.17 2018고단3248

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On September 6, 2018, the Defendant was sentenced to imprisonment with prison labor and two months in the Ulsan District Court for fraud, and on November 24, 2018, the above sentence became final and conclusive.

Around September 2015, the Defendant, at a coffee shop where it is difficult to know the trade name in Ulsan-gu, the victim B was aware of the executive staff of the Co., Ltd. C (hereinafter referred to as “C”) at the coffee shop, saying, the Defendant would have the victim D, who is a member of the suspension from office, employed him as a member of the suspension from office.”

However, the Defendant was unaware of the staff of C’s executive staff who can give employment to others C. Since his personal debt without any property or profit was about KRW 100 million, even if he received money from the victim, he did not use it for the employment of D and did not intend to use it for the Defendant’s repayment of the Defendant’s obligation, or for the cost of living, so even if he received money from the victim, the Defendant did not have any intention or ability to find employment with C.

As above, the Defendant: (a) by deceiving the victim; (b) around October, 2015, issued a total of KRW 40 million in cash and cashier’s checks in front of the F located in Ulsan-gu, Ulsan-gu, Ulsan-do; and (c) from that time to March 30, 2018, received a total of KRW 220 million in the same number of laws, as indicated in the annexed crime list, from March 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to G, H, I, B, and J;

1. Borrowing certificates, certificates of cashier's checks, photographs of cashier's checks, certificates of cash custody, and details of account transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification during trial proceedings);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, it is not good to commit the crime of taking the employment of this case with the reasons for sentencing in the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act, and is punished for the same crime committed by the defendant.