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(영문) 울산지방법원 2016.09.02 2016고단1685
사기
Text

Defendant shall be punished by imprisonment for a term of two years and two months.

An application for compensation shall be dismissed.

Reasons

Punishment of the crime

【2016 Highest 1685】

1. The Defendant committed the crime against the victim C was aware of the victim C(38 years of age) who was working as the final inspector for the ship structure in D’s structure chain, and worked as the interim inspector from the limited liability company E, a domestic subcontractor, as the interim inspector.

On November 18, 2014, the Defendant stated that, at the E’s office located in Ulsan-gun F in Ulsan-gun, the Defendant would find the Defendant as being employed in the inspection site of the shipbuilding project, that, “Ssung Heavy Industries is under the process of building a ship,” and would be employed in the position of the inspector of the shipbuilding project. The Defendant would pay 20 million won to G, a manager of the site that employs and manages the inspector of the shipbuilding project, who is a manager of the building project.”

However, even if the defendant received money from the victim due to the aggravation of finance to the extent that it is impossible to cover the interest of bonds in excess of his/her liability, he/she did not have an intention or ability to find the victim as an inspector because he/she was unaware of the site of the shipbuilding business.

As above, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Busan Bank’s deposit account in the name of the Defendant, from September 2, 2015, by deceiving the victim as shown in the annexed crime list, and received a total of KRW 183 million from the victim seven times in total.

【2016 Height2283】

2. The Defendant committed a crime against Victim H is the relationship between Victim H (37 years of age) and the relationship between an elementary school and a middle school and the head of a birth club.

On September 23, 2015, the Defendant: (a) called, “Around September 23, 2015, the Defendant, by phoneing the victim, saying, “I will be employed by a foreign company located in the Ulsansan Industrial Complex, and will be employed. To be employed, I would like to send KRW 5 million to the foreign company.”

However, the defendant did not have the intent or ability to have the victim employed in a foreign company, and at the lending company.

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