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(영문) 서울중앙지방법원 2017.02.08 2016고단6336

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Records] On December 10, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud, etc. at the Seoul Central District Court on June, 2015, and the judgment became final and conclusive on the 18th of the same month.

[Criminal facts]

1. The Defendant: (a) visited the victim as a guest at a shop operated by the victim D in the “C” bath in South-west Navy B; and (b) became aware of the victim’s sexual intercourse with the victim; and (c) the victim was admitted as a member to the number fraternity located in the direction.

A. On March 2013, the Defendant would have subscribed to the Defendant’s “F” clothes posted by the Defendant in the Southernnam-gun of the Republic of Korea on March 25, 2013 to the Defendant’s number system starting on March 25, 2013.

A false statement was made to the purport that “A person would receive a senior bonus in order to pay a regular bonus of KRW 1,300,000 per month per Gu unit.”

However, in fact, the defendant did not have the intention or ability to pay the payment normally because he received a senior payment and thought to use it for the repayment of the defendant's existing obligation as a situation where the defendant had a debt exceeding KRW 120 million without any specific property at the time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received from the victim; (c) KRW 15 million on April 25, 2013; (d) KRW 3750,000 on October 26, 2013; and (e) KRW 12 million on October 25, 2013, respectively, from the Defendant’s account in the name of the Defendant; and (d) received KRW 6 million on October 26, 2013 from the victim at an irregular place; but (c) received KRW 209,000 in cash from the date of March 25, 2013 to October 25, 2013; and (d) acquired KRW 15760,00 in such a way as to not pay the remainder of the payment.

B. On March 3, 2013, the Defendant would be admitted to the Defendant’s clothes “F” room to the victim D to start the number system on July 30, 2013.

A false statement was made to the effect that the term “the person would receive a senior payment of KRW 600,000 per month in a normal way” was “the person would receive a senior payment.”

However, the facts are that the defendant is the first time.