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(영문) 수원지방법원 안양지원 2018.04.19 2017고정863

사기

Text

Defendants shall be punished by a fine of one million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants participated in the 26 old unit Nos. 10,000 won, which was operated from August 25, 2014 to September 25, 2016 from around September 25, 2016 by the victim E, and agreed to receive the interest of KRW 40,000 per month before the victim receives the fraternity payment, and KRW 50,000 per month after the receipt of the fraternity payment from the victim. The Defendants agreed to receive KRW 10,000 per month from the three occasions to the 10,000 won.

1. Defendant A, as a member of the fraternity of the said sequence, had received the guidance money from the injured party, had the intention or ability to pay the guidance money thereafter, if the injured party received the guidance money without any intention or ability to pay it thereafter, Defendant A deceiving the injured party by deceiving him, such as continuing to pay it as if he would be paid it in a lump sum, and then, Defendant A acquired property benefits equivalent to the said amount by failing to pay the KRW 5.3 million on March 25, 2015, which is eight times from the injured party, and KRW 5.45 million on June 25, 2015, which is the 11th time of delivery, and KRW 4.35 million on June 25, 2015, which is the 14th time of delivery, from the 15th to the 26th time of the 26th time thereafter.

2. Defendant B, as a member of the fraternity of the said sequence, had received the fraternity from the injured party, had the intent or ability to pay the fraternity thereafter, and had the injured party receive the fraternity payment, by deceiving the injured party, such as continuing to pay the fraternity payment as if he were to do so, and had the injured party receive the fraternity payment, and had the injured party acquire the pecuniary benefits equivalent to the said amount by failing to pay the said amount more than KRW 5,500,000,000,000 around October 25, 2014, which was 3 times from the injured party, and KRW 5,550,000,000,000,000 around June 25, 2015, which was 111, and KRW 6,500,000,000,000 from September and 11, 2015.

3. Even if Defendant C received the guidance money from the injured party as a member of the fraternity of the above sequence, the Defendant C does not have the intent or ability to pay the guidance money thereafter to the injured party.