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(영문) 울산지방법원 2021.01.21 2020고단4168
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 16, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court, which became final and conclusive on February 2, 2019.

On January 2016, the Defendant calls the victim B to the Ulsan Dong-gu (hereinafter referred to as the “C Marine Business Department”) in order to create a team to supply human resources to the C Marine Business Department project.

To do so, it is necessary to call a human resources supplier in operation from an individual as a legal entity due to the size of sales, and there is a secret amount of health insurance premiums to the existing business entity so that it can be resolved.In order to supply human resources to the quantity team, it is possible to receive KRW 2.50,00 per person, and it is possible to repay it at an early date.

“The meaning was the same as “.......”

However, even if the defendant borrowed money from the injured party due to the financial condition of the defendant at the time, the defendant was intended to use the money for the repayment of the personal debt, office operating expenses, etc., and there was no intention or ability to enable the injured party to create a quantity team and supply human resources.

Nevertheless, the defendant, on the 15th day of the same month, paid KRW 10 million to the Health Insurance Corporation on behalf of the defendant on the 15th day of the same month from the injured party, thereby acquiring property profits equivalent to the same amount, and from around that time, the same year.

4. By the time of 14.1, a total of KRW 14.8 million was received or acquired pecuniary benefits equivalent to the amount of money not exceeding three times, such as the list of offenses in the annexed sheet.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous records: Application of investigation reports (applicable to suspect's previous records and binding Acts and subordinate statutes);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The Criminal Act to attract a workhouse;

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