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(영문) 울산지방법원 2017.07.13 2017고단1643
사기등
Text

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

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

Reasons

Punishment of the crime

1. Fraud;

A. On November 23, 2014, the Defendant: (a) obtained money and valuables in the name of the owner of the construction project; (b) the victim C (53 tax) was ordered to perform the E construction ordered by the D Corporation in the manner of making an internship; and (c) D was planned to prepare a contract on December 20, 2014 by making it possible for the F, which has its head office in Busan, to transfer both civil engineering works and teaching works; and (d) F, Ulsan District President, who is within the Republic of Korea, to make a contract on December 20, 2014.

F made a false statement to the purport that F would seek a business entity that will reduce the teaching work, and that it would assist the construction work by directly linking D with D. It would be able to pay the expenses for the test. The D president already talked with D president.

However, even if the Defendant received money from the injured party, it was thought that it will be used for personal purposes, such as cost of living, rather than cost of receiving construction contracts. F Co., Ltd was closed after the failure to pay the money on or around 2006, and F Co., Ltd. did not work as the head of Fulg branch office at the time, and F did not have any fact that F was awarded a subcontract for civil engineering works and lecture production works from D, and the Defendant did not have any intention or ability to receive the subcontract from D to the above injured party.

Nevertheless, the Defendant, as seen above, by deceiving the above victim, received KRW 1,00,000 from the above victim as expenses for the same day, and received KRW 24,966,030 in total over 16 times from September 22, 2015, including from around September 2, 2015, the Defendant received KRW 24,966,030 throughout 16 times, such as the previous list of crimes (1).

B. On July 30, 2015, the Defendant fraud by defraudation of credit card proceeds in the name of the cost of obtaining orders from the Corporation, in the I Office of the Victim C’s Operation Co., Ltd., Ltd., Ltd., on racing H, and the victim transferred the corporate card to the victim for the purpose of business activities for receiving orders due to the lack of expenses incurred in obtaining orders, which is part of E Corporation.

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