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(영문) 울산지방법원 2018.12.06 2017고정1337
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2017 High 1337] On May 11, 2017, the Defendant made a false call to the victim D on May 11, 2017, the Defendant made a false statement to the effect that “I would pay interest in KRW 1 million each month.”

However, at the time, the defendant did not have any intention or ability to pay interest, or to pay principal, even if he borrowed money from the injured party, such as the defendant who failed to attract investment funds and bears approximately KRW 500 million obligations.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 19,00,000 to the Defendant’s E bank account (F) on the same day from the victim; (c) around 10:11 on the same day.

Accordingly, the defendant was given property by deceiving the victim.

[2017 Highly 1338] The Defendant is an employer who operates precious metal wholesale and retail business with the trade name of H from the first floor of the Nam-gu G building in Ulsan-gu, Ulsan-gu.

The defendant from March 2, 2017

5.2. Until December 1, 200, I’s wages of KRW 3,000,000 retired from office due to overall management affairs, such as planning and English, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

[2017 High Court Decision 1337]

1. Partial statement of the defendant;

1. Part of the statement made by the prosecution against the defendant in the suspect interrogation protocol [it is difficult for the defendant to encash the Chuncheon ground, and the circumstances in which there are many debts at the time that did not make any particular statement in order to hold the suspect into the investigation (Investigation 70 to 71 pages)];

1. The witness D's legal statement (which may recognize the credibility of the witness's statement in light of the consistency of the witness's attitude and attitude);

1. A copy of bankbook;

1. Investigation report (to listen to the statements by J, K, L, and M telephoness) (2017 high court 1338);

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Details of deposit transactions;

1. Application of N Contents Acts and subordinate statutes

1. Article 347(1) of the Criminal Act and Article 109(1) of the Labor Standards Act regarding criminal facts and the choice of punishment.

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