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(영문) 울산지방법원 2016.04.04 2015고단1740
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, along with C, conspiredd to obtain employment assistance funds by fraud as if he/she could arrange employment in D with C.

On April 2012, the Defendant, through G and H, has “D employment” to the victim I in the F Security Company located in Ulsan-gu E, Ulsan-gu, Ulsan-gu.

D With knowledge of the importance of D, he/she may be employed until September 2012 as he/she was employed by the police officer without conditions.

A false statement was made to the effect that it would be able to enter us without a mold of 30 million won.

However, the defendant and C did not have the intention or ability to have another person employed in D.

On April 9, 2012, the Defendant received KRW 30 million from the damaged party to the new cooperation account under the name of the J (K) in the name of the Defendant’s seat on April 9, 2012, and C received the said KRW 30 million from the Defendant on the same day to the account in the name of C.

After that, the Defendant made a false statement that the victim needs additional KRW 5 million in order to have the victim take care of his or her workplace, and received an additional amount of KRW 5 million from the victim to the bank account (L) account of C on May 13, 2012, under the pretext of job placement expenses.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the prosecution with regard to I (including H's statement);

1. Application of Acts and subordinate statutes to certificates of deposit transaction records and details of passbook transaction;

1. Articles 347 (1) and 30 (Selection of Penalty) of the Criminal Act, inclusive, with respect to the relevant criminal facts;

1. Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses / [limited to the sentencing] of the same type of crime, which committed the instant crime again at the time when the execution of the sentence has not yet been completed after having been sentenced to the sentence for the same type of crime. However, even though the nature of the instant crime is not minor, the victim, upon agreement with the victim, has not been punished for the Defendant.

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