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(영문) 서울중앙지방법원 2018.06.15 2017고단5406

사기

Text

Defendant

A Imprisonment with prison labor for three years, and for ten months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2017 Highest 5406] (Defendant A) The Defendant sold bedclothes materials, etc. in the name of “E” in the Jongno-gu Seoul Metropolitan Government D D market, and operated a large number of community against the market merchants, etc. from January 201.

1. On May 8, 2015, around May 2015, the Defendant made a false statement that, “Around May 8, 2015, the Defendant, in the G, “G” restaurant located in Jongno-gu Seoul Metropolitan Government F, constitutes a system consisting of 31 units, and the members of the community would pay 2 million won for each unit, and then pay 2.5 million won for each unit thereafter.”

However, under the circumstances that the Defendant loaned approximately KRW 170 million to the fraternity operated in the previous community, the Defendant did not pay the fraternity by receiving KRW 294 million, and the other fraternitys did not pay the fraternity by receiving KRW 112,426,000. Thus, even if a new fraternity is organized, there was no intention or ability to pay the fraternity normally even if the Defendant received the fraternity payment from the damaged person.

The Defendant received a total of KRW 160,000,000 from May 8, 2015 to July 8, 2017, 27 times from the damaged party under the pretext of three previous accounts.

In addition, from May 7, 2015 to July 8, 2017, the Defendant received a total of KRW 590 million from six victims over 161 times, as shown in the attached list of crimes (1) as shown in the attached list of crimes.

Accordingly, the defendant was ordered to receive money by deceiving the victims.

2. On January 20, 2016, the Defendant related to the around 2016, in a restaurant of “G” located in Jongno-gu Seoul, Jongno-gu, Seoul around January 20, 2016, and in a 29 unit to the victim H, “The 29 unit will be constituted,” and the 2.5 million won for each unit will be paid for each unit, and the 2.5 million won will be paid for each class.