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(영문) 광주지방법원 목포지원 2017.02.14 2016고정525

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant did not have the intent or ability to pay a fraternity even if he receives a fraternity payment from the victim E or F as an unqualified person who operates D in the Mapo-si.

1. Around August 30, 2012, the criminal defendant against the victim E organized the victim E’s number system of KRW 10 million starting on 30 days.

If a person opens a system with shares of 5, 6, and 9, he/she will pay an amount of money to the order of priority.

“Finally false.”

The defendant, as such, received 3 million won in cash on the same day from the injured party as an advance payment.

9. 30 million won in cash, 3 million won in cash, 10.30 million won in cash, and 3 million won in cash on November 30, 190, and acquired by deceptioning 12 million won in cash on four occasions.

2. Around August 30, 2012, the Defendant: (a) called the Victim F to the Victim F within the said D and organized the victim F’s number system of KRW 10 million starting on the 30th day.

If a person opens a system with shares in 7.8 and 8, he/she will pay an amount of money to the order of priority.

“Finally false.”

Defendant, as such, 2 million won in cash on the same day from the injured party’s contribution;

9. 30. Cash 2 million won, cash 2 million won on October 30, 100, cash 2 million won, and cash 2 million won on November 30, 190, shall be received and acquired through the payment of KRW 8 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes in a written confirmation of receipt of each deposit;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

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;