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(영문) 울산지방법원 2019.11.22 2019고단1805

사기

Text

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

Reasons

Punishment of the crime

The Defendant is an employee of the “C” in Ulsan-gun B, and the victim D, E, and F are the Defendant’s work bonus.

Around 20:00 on May 15, 2018, the Defendant made a false statement to the victim D at the above company’s office that “I would pay money to the victim D because I would not have an OTPP card because I would have to pay money because I would not have an OTPP card.”

However, in fact, the Defendant was thought to use money for the purpose of illegal social gambling, illegal sports discussions, and repayment of debts from the victim. Therefore, even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay the money.

As above, the Defendant, by deceiving the victim D as above, received KRW 48,00 from the victim D to the Nonghyup Bank (H) account in the name of G used by the Defendant, and received from the victim D KRW 139,05,035 from that time until February 2, 2019, from that time, 19,90,000 from the victim E, and KRW 19,40,000 from the victim F, respectively, for a total of 58 times, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Each report on investigation;

1. A detailed statement of deposit transactions, details of withdrawal transactions, written confirmation of service use, certificate of transaction details, certificate of electronic financial transfer results, and statement of transaction;

1. Data reply to credit assessment information;

1. Application of the details of the agricultural bank account transactions under the name of the defendant, and the statutes on the transactions of Kakao Bank;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. From among concurrent crimes, in light of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act’s reasoning for sentencing, the nature and form of the crime, and the contents and degree of deception, etc., the crime is not good. The case is about three victims of the crime, and the amount acquired by deception by the crime is the total sum of 107.0 million won.