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(영문) 울산지방법원 2015.4.16.선고 2014고단3530 판결
,3836(병합)사기
Cases

2014 Highest 3530, 3836 (Consolidation) Fraud

Defendant

A (51 years, inn), free from office

Prosecutor

The Ministry of Land, Infrastructure and Transport (Public Prosecution) and Kim Un-young (Public Trial)

Defense Counsel

Attorney Kang Jin-law (Korean National Assembly Election)

Imposition of Judgment

April 16, 2015

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

"2014 Highest 3530"

1. On April 24, 2012, the Defendant stated that the Defendant would make a false statement to the victim, who is the main agent, of the winning bid in Ulsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu (hereinafter “the Defendant would make a false statement about only one million won at the time of winning the contract at the time of winning the contract.”

However, the facts were not operated normally, such as the fact that a number of maps operated by the defendant at the time were not operated properly, and there was no intention or ability to repay the money even if it was borrowed from the victim because there was no particular property other than about about about about 30 million won at the time.

Accordingly, the Defendant, as seen above, was informed of the victim by deceiving the victim, and received KRW 10 million from the victim.

2. On May 18, 2012, at the Defendant’s house located in Ulsan-dong, Ulsan-gu, U.S., U.S., the Defendant stated that “The Defendant would pay off the money for lease on a deposit basis of the house he lives in the country” to the victim, and that “The Defendant would pay off the money immediately if the Defendant talks only one month prior to the need for money.”

However, the defendant did not have the intent to use the money as a security deposit in order to supplement the money he used, and the defendant did not have any intention or ability to repay the money even if he borrowed money from the victim because there was no particular property, other than about 50 million won as the debt was accumulated at the time.

Accordingly, the Defendant, as seen above, was issued 20 million won from the victim by deceiving the victim and by deceiving the victim.

3. On January 4, 2013, the Defendant: (a) at the above ○○○ Mart, 2013, the Defendant: (b) provided the Defendant with a guidance to the instant ○○○○○, Park ○○, and Kim○, the members of the fraternity who have not yet received the guidance; (c) provided the Defendant with a loan of KRW 70,000,000,000,000,000 won; and (d) provided that, if the money needs to be paid, the Defendant said that he would immediately

However, the defendant paid approximately KRW 20 million among the money received from the victim to ○○○ and Kim Kim as part of the fraternity, and the remaining money was thought to be used by ○○ and Kim, as well as there was no intention or ability to repay the money even if it was borrowed from the victim because there was no specific property other than about KRW 70 million due to the accumulation of debts during the period, and there was no specific property other than about KRW 70 million.

Accordingly, the Defendant, as seen above, received 70 million won from the victim by deceiving the victim.

"2014 Highest 3836

On May 23, 2012, the Defendant: (a) placed a 23-day successful bid for 22 units, including the victim C, D, E, E, F, G, H, I, J, and K, and paid a sum of 22 units, 31,500,000 won for 23-day successful bid in Ulsan-gu, Ulsan-gu ○○○○○ apartment site on May 23, 2012; and (b) paid a sum to the victims without compensation in the order of 22 units and 23-day successful bid for each month. The victim C was 2.5 units; (b) the victim D was 2 units and 1.5 units for the victim; (c) the victim was 1 unit for the victim; (d) the victim was 1 unit for the victim; (e) the victim was 1 unit for the victim; and (e) the victim was 1 unit for the victim; and (e) the victim was 1 unit for the victim.

However, in fact, the Defendant: (a) from the beginning, constituted three units under the name of the Lee Jong-ok, etc., which is the cause of the virtual world, and organized the above successful bidder; and (b) at the time, the Defendant had a debt of KRW 60,00,00 through KRW 70,000, KRW 000, and KRW 000. Therefore, even if the successful bidder was organized as above, the Defendant did not have the intent or ability to operate it normally.

Accordingly, the Defendant: (a) by deceiving the victims as above; (b) received a total of KRW 16,50,000 per unit of account for the purpose of advance payment on May 23, 2012 from the victims; and (c) received KRW 16,50,000 per unit of account from the victims; and (d) received KRW 84,304,00 on December 24, 2012 from that time to December 24, 2012, and acquired KRW 88 times in total as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

"2014 Highest 3530

1. Defendant's legal statement;

1. 1. Each police statement against B and C;

2014 Highest 3836 "

1. Defendant's legal statement;

1. Statement to C by the police

1. Evidential documents attached to the written complaint (the current status of subscription to the Gu accounts and current status of deposit amounts, etc.);

1. An investigation report (to attach materials to be submitted, such as the current status of participation of the complainants in the rescue zone);

Application of Statutes

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

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Aggravation for concurrent crimes;

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

Reasons for sentencing

[Scope of Recommendation Form]

General Fraud Type 2 (not less than KRW 100, less than KRW 500,00) basic area (one year to four years)

【Determination of Sentence】

The defendant could not be exempted from any corresponding punishment because he/she has organized the successful bidder and acquired the amount of KRW 180 million from the members of the fraternity, even though he/she was a large amount of money acquired by deception, and the victims want to be punished.

However, the sentencing data recorded in the record, such as the fact that one's mistake is recognized and reflected, the fact that there is no criminal history, and out of it, including the defendant's age, character and conduct, environment, and circumstances leading to the crime, shall be determined by the sentence as ordered.

Judges

Judges Park Young-young

Site of separate sheet

【Violation of the List of Offenses】

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