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(영문) 울산지방법원 2019.02.08 2018고단2608
사기
Text

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

The defendant pays 10,000,000 won to an applicant for compensation.

3.2

Reasons

Criminal facts

【Criminal Power】 On December 24, 2015, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Ulsan District Court, and the parole period was terminated on November 30, 2017 after the parole was granted at the Tong Young Detention House on December 24, 2017.

【Criminal Administration】

1. At around 10:00 on February 8, 2018, the Defendant made a false statement to the victim’s office D, Inc., Ltd., the victim’s operation of the victim B located in Ulsan-gu, Ulsan-gu, Seoul-gu, that “B retired from Korea E, and, at the present time, he/she was on duty in E personnel affairs.” At the request of each subject, the Defendant made a false statement to the effect that “A money is needed to be employed as a meal substitute for hiring children

However, the defendant did not retire under the age limit in E, and the defendant did not have any intention or ability to find employment for E, such as that he did not have worked in the E personnel division.

As such, the Defendant, by deceiving the victim, received from the victim a transfer of KRW 3 million in the name of employment fund, and KRW 6 million in total, KRW 3 million in the name of the victim around February 8, 2018 and around February 12, 2018, to the FF Association account in the name of the Defendant.

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

2. On February 19, 2018, the Defendant: (a) made a false statement to the victim that “a person sells a house and the down payment was borrowed money to the victim by leaving the phone,” thereby making a false statement to the victim.

However, even if the Defendant received money from the victim, he was thought to use the money as living expenses or expenses for repayment of obligations. At the time, the Defendant had been able to pay KRW 10 million with the second financial right at the time, and there was no particular property at the time, and the income at the time was insufficient to use the money as living expenses, and there was no intention or ability to pay it even if the Defendant borrowed money from the victim.

As such, the Defendant deceivings the victim as such, and up to February 19, 2018 under the pretext of borrowing from the victim, KRW 2 million around February 19, 2018, KRW 1.5 million around February 23, 2018, and around March 4, 2018.

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