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(영문) 울산지방법원 2016.03.22 2015고단2749
사기
Text

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

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

Reasons

Punishment of the crime

Defendant is H and couple, and H are between the wife of the victim I (Death around April 2009) and his relative.

1. On December 208, 2008, the Defendant called the J and the victim at the Defendant’s residence located in Ulsan-gu K and 102, Ulsan-gu, Ulsan-gu, 2008, and called the Defendant to meet with the staff in charge of the modern middle industry personnel in Ulsan-si. The Defendant used the victim’s 50 million won as part of the waterway funds to find the victim as a member of the suspension from office for the modern middle industry.

The term "" refers to the following.

However, the Defendant was thought to use the said money for the business fund and living expenses of the “L” agency operated at the time, not for employment cost, so even if receiving the money from the injured party, the Defendant did not have any intent or ability to find the injured party as a member of the suspension of modern middle industry.

On December 12, 2008, the Defendant received KRW 30 million,000,000,000 from the damaged party to the Agricultural Cooperative Account (M) in the name of H, and KRW 50,000,000,000,000,000 from the same account on December 17, 2008.

Accordingly, the defendant conspireds with H to deceiving the victim, thereby deceiving the victim's property.

2. On September 201, the Defendant: (a) asked the injured party’s wife at the Defendant’s wife located N in North Korea-Si, North Korea-si; and (b) asked the injured party to find a modern middle industry employment; (c) to talk with the changed personnel and employees of the modern middle industry; and (d) to talk again with the changed victim’s personnel and employees, the level of KRW 20 million is required.

However, in fact, the Defendant thought that the above money was used as business funds and living expenses, not employment cost funds, so even if the victim received money from the injured party, the Defendant did not have the intent or ability to find the victim’s ties in the modern middle industry.

On September 30, 201, the Defendant received KRW 20 million from the damaged party to the Agricultural Cooperative Account (P) in the name of H around September 30, 201.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I.

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