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(영문) 서울남부지방법원 2013.09.04 2013고단1295

사기

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, in a bad credit condition, had no intention or ability to organize and operate the fraternity normally from the beginning, and was thought to use the fraternity for personal purposes; however, he was able to receive guidance money from the victims and obtain it by fraud;

1. On April 21, 2012, the victim C at the coffee shop near the Guro-gu Seoul Metropolitanro Digital Group: “The first priority is to create a number system capable of 100 million won,” and the last day of April 2012 and the last day of May 5, 2012, the victim may be deprived of the fraternity. The payment of KRW 10 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. On April 25, 2012, around Seoul Southern District Court, the victim made a false statement as if he/she could normally pay 100 million won to the victim D through the guidance operation, such as paragraph 1, at the coffee shop near Seoul Southern District Court, and then, he/she acquired 10 million won from the victim as a payment for the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act was that the Defendant planned the victims to organize a number of KRW 100 million in advance, and that the victims might have been given a false statement of the sequence 1,000 in ordinary accounts.

However, there is no evidence that the defendant did not have the ability to organize a system that receives 100 million won a monthly payment of 10 million won and 100 million won a month.

In addition, the defendant above 20 million won.