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(영문) 울산지방법원 2016.09.20 2016고정433
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was engaged in delivery service at C cafeteria located in Ulsan-gu, Ulsan-gu.

1. On December 29, 2014, the Defendant stated that “The Defendant shall repay 500,000 won per month to the victim, who is the owner of the above C cafeteria at the above cafeteria at the above place.”

However, even if we receive money, we did not have the intention or ability to pay it to the victim.

Around December 30, 2014, the Defendant received money from the injured party to the head of a post office (D) under the name of the Defendant and acquired it by fraud.

2. From December 29, 2014, the Defendant has been engaged in the delivery and collection of food as an employee in charge of delivery and collection of food.

On January 2, 2015, the Defendant collected KRW 647,000 (including 50,000,000,000,000) from a fake E apartment in Ulsan-gu, Ulsan-gu, 302-1905, a fake 19,00 won, and embezzled at will, around that time, the Defendant was in business custody for the above C restaurant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to account books and specifications of transactions in agricultural cooperatives;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 356 and 355(1) (the point of occupational embezzlement) of the Criminal Act, and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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