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(영문) 울산지방법원 2017.06.22 2017고단1624

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 7, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Seoul Northern District Court, and the said judgment became final and conclusive on July 15, 201.

【Criminal facts” around January 15, 2008, the Defendant, at the Defendant’s seat located in Jongno-gu Seoul Metropolitan Government Jongno-gu, has a relationship with F President and G President, etc. while working in the Secretariat of the National Assembly, as if he/she had a warehouse that keeps specific articles, such as old cash, USD, and dud, etc., and the Defendant would make the victim pay for USD 20 if he/she lent money to the lending depository because he/she is required for storage fees to lend money to the victim.

“False speech” was made.

However, in fact, the Defendant was merely working for four-year period in the H division of the Secretariat of the National Assembly, and did not have a political right, and did not have a warehouse that is in custody of old currency, US dollars, and US dollars, and even if he did not keep them in the lending depository, he did not have any intent or ability to make profits from the victims.

The Defendant, as such, by deceiving the victim, received KRW 30 million from the victim on the same day with a check of KRW 10 million, from the victim. From that time until January 25, 2008, the Defendant received a total of KRW 80 million, in total, three times as indicated in the list of crimes in attached Form.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (including a copy of a check), investigation report (to hear and report on the E statement);

1. Previous conviction: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigations (report attached to the same type of judgment);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes: