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(영문) 창원지방법원 진주지원 2017.11.30 2017고단635

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Records] On February 15, 2017, the Defendant was sentenced to two years of imprisonment for fraud at the Changwon District Court, and the said judgment became final and conclusive on the 20th of the same month.

[2] On January 22, 2015, the Defendant made a false statement to the victim E at a D restaurant located in C at the time of macroscoping around January 22, 2015, stating that “When the Defendant deposits money in the operation of the 50 million won foot successful bid system consisting of 16 persons, he/she would normally operate it and receive KRW 50 million from a regular account.”

However, in fact, the Defendant organized and operated the successful bidder and the number system from around 2008 at the time when he was paid the fraternity from around 2014, and because the fraternity was not paid from around 2014, the Defendant did not have the intent or ability to pay the fraternity normally even if he received the fraternity from the fraternity and the person who was formed a new fraternity, due to the operation of the system of "recovering" in the manner of paying the fraternity to the previous fraternity, the Defendant was required to pay a large amount of the fraternity in order to operate the fraternity normally and pay the fraternity to the fraternity. Since he had a large number of personal obligations equivalent to about 70 million won, there was no intention or ability to pay the fraternity normally even if he received the fraternity from the damaged person.

As such, the Defendant, by deceiving the victim, received KRW 3,34,00 from the damaged party on January 24, 2015 to the Agricultural Cooperative account (F) account under the name of the Defendant on the pretext of a deposit in the accounts, and acquired the money by defrauding KRW 23,565,00, total sum of KRW 23,565,00 from around that time to December 22, 2015, as shown in the separate crime list, as shown in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Complaint;

1. Details of passbook transactions;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (Attachment to the same type of crime), personal confinement status, previous convictions and results of confirmation, and the application of the Act and subordinate statutes.