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(영문) 울산지방법원 2018.09.14 2016고단3295 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is a management representative of the “D department store” in the Gu and the victim E is a person who operates the “D department store” in the Gu and the victim E is a person who operates the “B” (State).

On December 2, 2014, the Defendant, through G, which is a senior police officer’s leader, was introduced with the victim via G, which is a senior police officer, to the Defendant, by deceiving the interior construction of the “D department store” as if the victim were to contract to the victim, thereby deceiving the victim to obtain money from the victim.

On December 23, 2014, the Defendant sent a telephone to the victim at an irregular place on December 23, 2014, and subcontracted “D department stores’ interior and outside interior and outside interior interior interior works.”

In order to do so, it was false to conclude that D department stores should contact the truth-finding of D department stores, and that 2 million won of entertainment expenses should be changed.

However, in fact, it is unclear that the Defendant had not completed the acquisition procedure of D department stores at the time, and it is not clear that the Defendant had no authority to select a corporation, and the Defendant thought that the Defendant would use the money received from the victimized person for an individual purpose, not for entertainment expenses, and even if he received money from the injured person as entertainment expenses, the Defendant did not have the intent or ability to contract to the injured person.

On December 23, 2014, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 2 million from the corporate bank account in the name of H, the Defendant’s child around December 23, 2014; and (c) received KRW 95,500,000,000 from that time to February 21, 2015, in total, five times, as indicated in the separate crime list.

Summary of Evidence

1. Statement by the defendant in the first and seventh public trial records;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Each report on investigation;

1. A statement of deposit (Evidence No. 2), account transaction details (Evidence No. 11);

1. Application of Acts and subordinate statutes to written estimates, D department stores, presented work materials, and presented statements of expenditure;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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