beta
(영문) 서울동부지방법원 2014.04.25 2013고단2814

사기

Text

A defendant shall be punished by imprisonment for one year.

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

Since 2005, the Defendant operated the system by the so-called return prevention method, such as the accumulation of debt from around 2005, and the medical expenses incurred from the son's cancer in 2008, the husband had much economic debt, such as gambling after marriage, making a hot amount of living expenses, and the husband has operated several numbers of households without any particular property, and the agreement was made to pay the fraternity money by lending money due to the shortage of operating funds, or to additionally pay the fraternity money to be paid by the next sequence.

1. Fraud to victims E;

A. On May 1, 2008, the Defendant provided that “Around May 1, 2008, the Defendant shall repay to the victim KRW 20,000,000.”

However, the defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim due to a large amount of debt as above.

The Defendant received 20,000,000 won from the victim’s seat.

B. On 208, the Defendant received KRW 12,00,000 from the victim by the said method.

C. Around February 2008, the Defendant received KRW 10,000,000 from the victim by the above means.

Accordingly, the Defendant was given a total of KRW 42,000,000 by deceiving the victim.

2. Around March 2007, the Defendant made a false statement to the victim F, C, G, H, I, J, K, and L that “The Defendant would provide the victim F with the time limit of 16 days after joining a 16-day restaurant organized by Seongdong-gu Seoul Metropolitan Government, with the victim F, “I will provide the time limit for the payment of the time limit of 40,000 won.”

However, even if the Defendant organized the number system as above, the Defendant did not have the ability to operate the normal system and provide the members with the time limit.

The Defendant did not normally pay the amount of KRW 23,400,000,000, which was received from the victim.

In addition to this, the Defendant received a total of KRW 99,00,000 from eight victims, such as the attached crime list, and acquired it by deception.

Summary of Evidence

1. The defendant's legal statement 1.