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(영문) 의정부지방법원 2015.04.28 2014고단4278

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2012, the Defendant organized 60,000 won and 17,000 won and 10,000 won and 40,000 won and 60,000 won and 17,000 won and 60,000 won in the Defendant’s residence located in Gangdong-gu Seoul, Seoul. At the time, the Defendant suggested that the victims C, victims E, victims E, victims F, and victims G subscribe to 4 units, and that the victims would pay guidance money to the victims by the prescribed sequence. From that time, the Defendant received from the victims around December 20 of the same year from that time until December 20 of the same year.

However, in fact, at the time, the Defendant paid 1.2 million won to the victims according to the order of the victims, since the Defendant paid 1.2 million won to the two former units of the Defendant every month at the location where there was no special property and income, and the Defendant paid 1.8 million won to the three preceding units of the victim H in lieu of the interest borrowed from the victim H., the Defendant did not have any intent or ability to pay her money to the victims according to the order of the victims even if he received her money from the victims.

Nevertheless, the Defendant, as above, by deceiving the victims as above, received a total of KRW 5,400,000,000,000 each nine times every month from the victims C and D during the above period from the victims C and D, and received a total of KRW 18,000,000,000 per ten times every month from the victims E, victims E, victims F, and victims G, and KRW 2,40,000,000 per month from the victims H, each about 2,40,000,000,000,000 around 2,40,000 per month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, D, F, I, and H;

1. Details of liquidity transactions;

1. Application of each statute on filing of a complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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