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(영문) 울산지방법원 2016.07.27 2016고단1464
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On October 2015, the Defendant committed the crime against the victim AM made a false statement to the victim at the office of the AO located in Pyeongtaek-siN, Inc. (hereinafter “AO”), stating that “The Defendant would acquire and operate the said company and pay 26.6 million won for taxes in arrears.”

However, the defendant did not have any particular property at the time, and there was no way to prepare the tax in arrears of the above company, and there was no ability to properly operate the company, and even if he received the corporate card from the injured party, he was only thought to use it as entertainment expenses, etc.

The Defendant received a corporate card from the injured party on November 5, 2015 and settled KRW 9,96,258 from November 9, 2015 to November 21, 2015.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On November 5, 2015, the Defendant committed the crime against the victim AP made a false statement to the effect that “The Defendant would pay the victim a registration fee, fee, etc. for the registration of the change of the AP to the company director by registering the change of the AP to the company director” to the victim at the certified judicial scrivener office operated by the victim AP in Pyeongtaek-si Q.

However, the Defendant had no special property at the time and had no way to prepare the above registration cost. Therefore, even if the Defendant received the registration agency service from the injured party, the Defendant did not have the intent or ability to pay the cost.

The defendant had the victim register the AR to be a director of the company, and did not pay 354,480 won to the victim.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. The Defendant’s statement in the court was made to the effect that he denies the date of the first trial, and that he was required to examine the witness. However, the Defendant made a statement to the effect that he made a confession more than twice on the second trial date, and immediately thereafter, the presiding judge.

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