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(영문) 울산지방법원 2018.02.22 2017고단4247
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On March 2015, the Defendant committed the crime against the victim C made a false statement to the effect that “The Defendant, at the Seocho-gu real estate office located in Ulsan-gu, Namdong-gu, Seoul, would have a victim C find employment of the child as a suspended worker through his/her person, who is aware of his/her modern vehicle personnel division.”

However, in fact, even if the Defendant did not receive money from the injured party due to the absence of a person in the modern car, the Defendant made such false statement with a view to preparing living expenses even though he did not have the intent or ability to find the injured party’s children as a modern car as a honest.

The defendant deceivings the victim as above and transferred KRW 30,000,000 in the name of money in the name of the NongHyup Bank account (G) in the name of the defendant's child on the 20th of the same month from the victim.

2. On March 15, 2016, the Defendant committed a crime against the Victim H: (a) was introduced by the J, his/her seat, Nam-gu, Ulsan-gu, U.S., U.S. on March 15, 2016, to the Victim H, “Aves work for Hyundai Motor.”

On December 2, 2016, a false statement was made to the effect that “The amount of KRW 35 million to be used as entertainment expenses is paid in a lump sum,” so that it can attend the work as a member with suspension from office for modern automobiles.”

However, in fact, even if the Defendant did not receive money from the injured party due to the absence of a person in the modern car, the Defendant made such false statement with a view to preparing living expenses even though he did not have the intent or ability to find the injured party’s children as a modern car as a honest.

The defendant deceivings the victim as above and transferred KRW 35,00,000 to the account of the Nonghyup Bank (G) in the name of the defendant around the 30th of the same month from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and C;

1. Application of Acts and subordinate statutes on transactions;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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