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(영문) 울산지방법원 2016.11.25 2016고단1791
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 2014, the criminal defendant against the victim B stated, “In Ulsan-gu, Ulsan-gu, that “The victim B, who knows that there is a person inside D, will find employment and offer employment. To this end, personnel should be conducted, and at that expense, 30 million won should be changed.”

However, the defendant did not know about the victim's child in D who is in a position to find employment, and even if he received money from the victim as a solicitation for employment, he did not have any intention or ability to find employment of the victim.

The Defendant, by deceiving the victim as such, received from the victim the total amount of KRW 5 million on December 30, 2014, KRW 300,000,000 on the deposit account in the name of the Defendant, KRW 26,000 on January 20, 2015, KRW 200,000 on March 9, 2015, KRW 200,000 on March 27, 2015, KRW 1,000 on March 31, 205, KRW 7 million on April 1, 2015, KRW 300,000 on May 15, 2015, and KRW 25,520,00 on July 27, 2015, respectively.

2. On August 23, 2015, the criminal defendant against the victim E stated, “The victim E well-known the head of the production department of the D, who requested the victim to find employment in D,” at the “G office for the Defendant’s operation of the Ulsan-gu Defendant F, Ulsan-gu, Seoul, that “The victim E is well aware of the head of the production department of D.”

However, the defendant did not have the intent or ability to find employment for the children of the victim even if he received money from the victim as a solicitation for employment as provided in paragraph (1).

As such, the Defendant, by deceiving the victim, received a total of KRW 60 million from the victim to the deposit account in the new bank account in the name of the Defendant, around August 26, 2015, and KRW 50 million around September 1, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes, such as a written confirmation of results of electronic financial transfer and written confirmation of details of transactions (No. 14);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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