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(영문) 울산지방법원 2016.05.31 2016고단43
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on October 2014, and the said judgment was finalized on July 15, 2014, and is currently under suspension of execution. On May 26, 2015, the Defendant was indicted for a crime of fraud at the Seoul East East District Court and is currently pending in the appellate trial.

The Defendant is the vice head of the D Welfare Foundation (hereinafter referred to as the “Welfare Foundation”). The Chairman is the Chairman, the F is the employee of the Business Headquarters from 2013 to E and F, etc. was organized as a sub-organization under the Welfare Foundation’s subordinate organization in the Seoul Songpa-gu, Songpa-gu, Seoul. The Defendant, upon F’s recommendation, joined the above organization in around 2014, and was acting as a member of the F. The Defendant was aware of the fact that he did not have been authorized to collect and dispose of disused goods from the Ministry of National Defense, the Crailssday, the Korean power, etc., but he did not have been authorized to collect and dispose of them, such as scrap and dives from the Republic of Korea.

1. On July 18, 2014, at the welfare foundation office located in Yeongdeungpo-gu Seoul Metropolitan Government H Building 301, the Defendant and E, and F made a false statement to the victim G operating the marine oil transport chain (State) I, “A is in friendly with the president of the KJ of this State) and would be responsible for the maritime oil transport agency contract until September 2014. In this context, the Defendant and E, and F, as the contract performance deposit, will change the amount of KRW 150,000,000 and KRW 50,000,000,000 as the expense for performing the contract.”

However, the welfare foundation has no intention or ability to conclude an agency contract with the J on marine oil transportation, even if it receives money from the injured party for the purpose of the contract performance deposit and activity expenses, since it has not been authorized by theJ on marine oil transportation contract.

The defendant, E, and F, as such, shall be the deposit money for the contract to be executed by the Korean bank account (L) of the same day from the victim who is deceiving the victim.

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