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(영문) 울산지방법원 2020.4.24.선고 2019고단2347 판결
사기,횡령배상명령신청·배상명령신청
Cases

2019 Highest 2347 Fraudulent, Embezzlements

2019 Highest 2449 (Joints)

2019 Highest 3794 (Joints)

20 Highest 118(Joints)

2019 early 590 Application for a compensation order

2019 early 919 Application for a compensation order

Defendant

Secretary-General (tentative name), 58 years old, South, and BN Entertainment Representative

Residential Ulsan

Reference domicile

Prosecutor

Down support, early leap iron, gamblings, immigrations, immigrations (prosecutions), and leapffals (trials)

Defense Counsel

Attorney Kim Jong-Un (Korean)

Applicant for Compensation

1. A rural village;

2. An illumination;

3. Name of a child;

Imposition of Judgment

April 24, 2020

Text

The defendant shall be punished by imprisonment for three years with prison labor for the crimes No. 1,10,11 of the judgment of the court below, and by imprisonment for three years and six months for the crimes No. 2 through No. 9 of the judgment of the court below.

Defendant 1 paid 80,000,000 won to the applicant for compensation, and 331,200,000 won to the applicant for compensation, respectively.

The above order for compensation may be provisionally executed.

An applicant for compensation shall be dismissed.

Reasons

Criminal history of crime guest crime

On January 12, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Ulsan District Court for one year, and the judgment became final and conclusive on April 5, 2017.

【2019 Highest 2347】

1. From December 2016, Defendant 1, who operated the Y-IL hot springland, a large bath up to 2012, had been working as an employee of the above bath in the same period, and had been well aware of the victim's Y-IL factory site located in the Ulsan-gun Corporation located in Ulsan-si, Ulsan-si, and thus, Defendant 2 would be able to enable the victim's children to work for the above S-IL through the above factory site if the victim was well aware of the victim's YIL.

However, in fact, even if the Defendant received the above KRW 80 million from the victim, it was thought that it was used as operating funds of the entertainment planning company, which was operated by the Defendant, at the time. The above name influent S - The name influent S - the private group prior to about about 10 years prior to the transition of the OIL factory site, there was no particular exchange, and the name or contact address was not known, so there was no ability to allow the Defendant to work for the children of the victim through the above S-OL factory site.

Accordingly, on December 6, 2016, the defendant deceivings the victim and transferred the amount of KRW 70 million to the Credit Union account under the name of the defendant to the victim, and he exempted the victim from the debt of KRW 10 million out of the amount of KRW 20 million.

【2019 Highest 2449】

2. While Defendant 2 introduced Defendant 2 as Defendant 2 to the victim Kim ○, a customer of the above restaurant, as Defendant 2, while operating the restaurant in the racing-si-Myeon, Defendant 2 was able to obtain the victim’s trust by displaying his photographed with the artist and showing the name of high-ranking public officials, including the National Assembly members, and directly communicating with them. Based on the above trust, Defendant 20 million won was 20 million won by leaving the phone to the victim on March 2017 at the request of the victim at the former high-ranking level, and then 30 million won was 20 million won. Defendant 20 million won was required to arrange for his employment. However, if 10 million won was prepared for the victim’s friendship, the victim would also be employed on the same way as that of the victim.”

However, in fact, even if the Defendant received money from the victim, he did not think of the Defendant’s use of it as the Defendant’s business fund and cost of living, and did not know at all the persons related to the SMM personnel team, and thus did not have the intent or ability to have the Plaintiff employed the Plaintiff’s children to the said company. As such, the Defendant, by deceiving the victim as such, received from the victim a sum of KRW 50 million around May 19, 2017 and KRW 60 million around July 3, 201, respectively, from the Defendant’s Saemaul Treasury account in the name of the Defendant.

[Attachment 2019 Highest 3794]

3. Fraud of the victim's assistance to the victim;

In February 2016, Defendant 1, at the National Assembly of the Victim’s ○○○○○, located with the Busan East-gu Master’s Name, will be employed as a professor for the victim’s household. To become a professor, Defendant 1 would be granted KRW 500,000 to the persons related to the departments at universities and colleges in the name of the development fund. If a professor is not employed, Defendant 2 would return all of KRW 500,000,000 within a month.

However, in fact, the Defendant did not have the intent or ability to employ the victim as a professor at the school of the next generation, and even if receiving money from the victim, he was planned to use the victim for his personal purpose, and did not have the intent or ability to return it to the victim as there was no particular property or income at that time. The Defendant deceiving the victim as such, and the Defendant received from the victim the transfer of KRW 30,000,000 to the agricultural bank account in the name of the Defendant around February 12, 2016, and then received a total of KRW 331,200,000 from around that time to March 26, 2018, including the transfer of KRW 30,00 from the victim to the agricultural bank account in the name of the Defendant.

4. The victim's maximum fraud to the victim;

On April 16, 2016, Defendant operated the entertainment planning company, “the victim’s maximum ○ by phone call,” “the entertainment planning company,” which is the entertainment of BN. There is a need for balance to hold the entertainment network. The payment is to be made immediately after being promised to do so. If you do so, Defendant would return it more than two weeks after being paid and pay the profit accrued from the entertainment network.”

However, in fact, the Defendant had no intention or ability to hold a Sami Twit, and even if having received money from the victim, there was no intent to use it as expenses related to the aforementioned Twit, and there was no intention or ability to repay the money due to the lack of any particular property or income at the time. The Defendant deceiving the victim as such, and was transferred from the victim to the Saemaul Treasury Account in the name of the Defendant around April 18, 2016.

5. Fraud to the care of a victim;

On July 2017, Defendant 1 stated to the effect that, “In the instant entertainment planning agency at the mutual infinite coffee shop located in the credit of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Defendant 1 would put 10,000,000 won into the victim’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s author’s

However, in fact, the defendant did not have the ability to allow the victim to register his or her musical musical musical musical musical musical musical musical musical musical musical musical instrument with his or her musical musical musical musical instrument.

Defendant deceptioned the victim as such, and was transferred from the victim to the above community credit cooperative account, KRW 10,000,000 in total, around July 16, 2017, and KRW 4,000,000 in around July 18, 2017.

6. Fraud against the victim's yellow ○○;

A. On September 27, 2017, Defendant stated that Defendant 1 would contribute KRW 5,000,000 to the victim ○○○○○○, who is located in the Si of Pakistan, at least twice as an invitation number, to the State KBS nationwide NFS Roster and the Gaba.

However, in fact, the defendant did not have the ability to make the victim contribute a waterway to the KBS national nanotechnology or virtual stage.

Defendant deceptioned the victim as such, and was transferred from the victim the amount of KRW 5,000,00 to the account of the above community credit cooperative on the same day.

B. On December 21, 2017, Defendant stated to the effect that “The Defendant will register the victim’s singing with a gold-free shop device within five months from the victim’s singing if the Defendant would bring KRW 5,00,000 via phone to the victim.”

However, in fact, the defendant did not have any intention or ability to allow the victim to register his singing with a gold-sing machine.

Defendant deceptioned the victim as such, and was transferred from the victim the amount of KRW 5,000,00 to the account of the above community credit cooperative on the same day.

7. Fraud against the victim Kim Jong-hee

On May 14, 2018, Defendant stated to the effect that “The Defendant will see 5,000,000 won by calls from the victim Kim Jong-hee on May 26, 2018, and she will see her singing in the Gatoma in the Republic of Korea located on May 26, 2018 and in the Republic of Korea, on June 2018.”

However, in fact, the defendant did not have the ability to contribute the victim to the KBS national NBS vagabonds or the virtual family of the need stage.

The defendant deceivings the victim as such, and was transferred KRW 7,00,000 to the above village credit cooperative account on the same day from the victim.

8. Fraud by the former victim to the former victim;

A. On September 25, 2017, Defendant: (a) called “the victim’s singing will be registered in a gold-sing machine by calls to the former ○○ State before the victim; and (b) the cost is required for sending KRW 3,000,000.”

However, in fact, the Defendant did not have the ability to register the victim’s singing with the gold-free machines as above.

The defendant deceivings the victim as such, and thereby, he was transferred KRW 3 million to the Saemaul Treasury Account in the name of the defendant on the same day.

B. At the end of September 26, 2017, Defendant stated that the Defendant would be able to see the victim’s phone at a singing stage throughout the country in November, “11. The need for down payment is to be sent KRW 2,00,000, as it is necessary.”

However, in fact, the defendant did not have any intention or ability to let the victim go through the national nanotechnology stage as above.

Defendant deceiving the victim as such, and then, he was transferred KRW 2,00,000 to the account of the above community credit cooperative on the same day from the victim. Defendant was called as follows: (a) around May 1, 2018, the victim was called as the victim’s phone on June 25, 2018; (b) around July, 2018, the victim was called as the victim’s phone at a certain level; and (c) during the Republic of Korea: (a) the victim was called as the victim’s phone at a special house on June 25, 2018; (d) the 6,000,000 won for down payment is to be sent to the stage and the previous singing.”

However, in fact, the defendant did not have the ability to let the victim go to the essential stage or the nationwide nanotechnology stage as above.

Defendant deceptioned the victim as such, and was transferred to the account of 6,000,000 won from the victim on the same day.

9. Fraud against the victim’s ○-style house.

around October 2017, Defendant 1 engaged in entertainment business in the victim's in the Seocho-gu Seoul Metropolitan Government distribution shop near the victim's residential area of the Seocho-gu, Seoul, 2017, and 300,000 won or more is urgently required for the victim to prepare for the Heami show. If 300,000,000 won is lent to 30,000,000 won for 3 months, Defendant will make a full payment by December 2, 2017. Since there is a lending company, Defendant 1 loans from 30,000 won to Nai because there is a lending company, and then loans from Nai.e., the loan company's interest is paid to Nai., the loan company's interest.

However, in fact, the Defendant had been operating a entertainment planning company as above, but the enemy was accumulated, and there was no intention or ability to repay the above amount even if he borrowed money from the victim due to excess of obligations, such as no other revenue or property. The Defendant deceiving the victim as such. On October 27, 2017, the Defendant was granted KRW 10,000,000 to the Defendant for the loan of KRW 300,000,00 as the expense related to the loan designated by the Defendant, and the remainder of KRW 290,000 was transferred to the account of the above community credit cooperative.

" 2020 Highest 118"

10. Fraud;

In December 2013, Defendant 1 operated a company that was introduced through a police officer in 2013, which is called '○○ Boscambling to ○○○○○.' The Government of Indonesia was authorized to conduct an electronic resident certificate business, and suggested to make an investment that is in progress to read electronic resident certificates, and that part of the investment amount was received.

(a) Fraudation of KRW 200 million on February 2015;

In February 2015, Defendant 1 made a false statement that “the Defendant would pay KRW 200 million by the end of March if the Defendant borrowed KRW 100 million.” However, Defendant 2 did not engage in the business and did not have any business performance. At the same time, Defendant 1 did not have any business performance. At the same time, Defendant 2 did not have any capacity to pay KRW 100 million by borrowing KRW 200 million from the victim under the name of Defendant 15, in the circumstances where Defendant 2 was considered to have suffered losses due to the dominion of the public performance business, such as this case, the No. 200, the No. 300,000, and the No. 300,000,000 won.

B. On December 2015, the defraudedation of KRW 154 million was conducted by the Defendant at the same place as the early December 2015, 2015, and the Defendant’s 2nd 2nd 50,000,000,000 won, “the Defendant was registered as a director and shareholder of Indonesia,” and the Defendant’s 2nd 50,000,000 won for the purpose of replacing the street, etc. of Indonesia with LED., such as LED purchased from abroad, was running the business of replacing the Plaintiff with the Defendant for KRW 2nd 1,54,00,00,000,00 from the Plaintiff’s current port, and supplied the imported goods and immediately repaid it. The Defendant did not have any damage to the Defendant’s 2nd 10,000,000 won for the purpose of purchasing the said goods under the name of the Defendant’s 2nd 60,000,000 won.

11. Embezzlements;

Defendant 1, on January 2015, shall resolve the fraud of KRW 2 billion from 00 billion. At the request of ○○○ and 200 million, Defendant 2 shall dispose of the affairs, such as settlement of bonds and debts, and shall transfer the total amount of bonds to ○○○ upon request from 1.5 billion won until the end of January 7, 2015 to 1.5 billion won, Defendant 2 was assigned the same amount of bonds to 3.5 billion won by 1.6 billion won and at the same time from 1.5 billion won, and at the same time 1.5 billion won and at the same 1.5 billion won and at the same time, Defendant 2.5 billion won and at the end of 1.5 billion from 200,000 won and at the same time 1.5 billion and at the same time, Defendant 20,000 won and at the same time 1.5 billion and shall be entrusted with all the affairs, including an agreement.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

Article 347 (1) of the Criminal Code (Fraud) of the Criminal Code, Article 355 (1) of the Criminal Code (the point of embezzlement), each of imprisonment 1. Concurrent treatment

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Articles 25 (1), 31 (1), 31 (2), and (3) (applicant B and illumination) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Orders for Compensation and Declaration of Provisional Execution;

1. Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (with respect to an applicant for compensation, it is not reasonable to issue an order for compensation in the criminal proceedings because the scope of responsibility of the accused for compensation is unclear);

The reasons for sentencing are as follows: (a) Defendant 1 made confession of all of the instant offenses; and (b) each of the offenses set forth in Articles 1, 10, and 11 of the judgment, which led to the recovery of damage to some victims or agreed with the victims; and (c) the relationship between the previous offense and the subsequent offense set forth in Article 37 of the Criminal Act and the concurrent offense are more advantageous to the conclusion that the judgment should be rendered at the same time; (d) however, even though the sum of the Defendant’s deception by deceiving ten victims or embezzlement of the victim’s money exceeds KRW 1.6 billion, it was not most of the recovery of serious damage; (e) the victims were punished; and (e) the Defendant was going to commit additional fraud without being aware of the fact that the Defendant was subject to the suspended sentence of imprisonment due to fraud, it is inevitable to impose a sentence corresponding to the relevant punishment. In addition, taking into account the following factors: the Defendant’s age, age, environment, health condition, motive of the crime, means and consequence of the crime;

Judges

Judges Kim Jong-soo

Site of separate sheet

A person shall be appointed.

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