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(영문) 울산지방법원 2013.12.20 2013고단3019
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant, together with C, conspired to acquire job placement expenses by means of false words as if he/she could arrange employment in the Korean-U.S. region.

On April 2012, the Defendant made a false statement to the effect that “The Defendant would have been employed in the Korean War” with the victim H through F and G, the E company located in Ulsan-gu, Ulsan-gu, Ulsan-do, and through F and G to the effect that “The Defendant would be able to enter the Republic of Korea-U.S., with the knowledge of the Republic of Korea-U.S., while having been employed in the Republic of Korea-U.S., the Defendant would be able to be employed until the Haman on September 2012.”

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

C receives from the victim on April 9, 2012, the amount of KRW 30 million,00,000,000,000,000,000 from the victim’s account under the name of C as a job placement expense, and the Defendant received from C the above amount of KRW 30,000,000,000 from the same day to the account under the name of the Defendant.

Since then, the Defendant made a false statement that the victim needs additional KRW 5 million in order for the victim to take care of the victim's workplace, and it received additional KRW 5 million from the victim to the bank account (K) in the name of the Defendant on May 13, 2012 for job placement expenses.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Application of the Act and subordinate statutes to the prosecutor’s statement of H (including the G’s statement part);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. It can not be said that the amount of fraud of the crime of this case, which is the small amount of punishment under Article 62(1) of the Criminal Code of the suspended execution, is not the amount of money, and the amount of money brought about by Japan as well as the liability for the crime is reasonable.

However, the amount received by the defendant out of the amount obtained by fraud is not only 10 million won, and the defendant has agreed with the victim.

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